THE WHOLE PROCEEDINGS ON THE KING's Commission of the Peace, Oyer and Terminer, and Gaol Delivery for the CITY of LONDON; AND ALSO The Gaol Delivery for the County of Middlesex, HELD AT JUSTICE HALL in the OLD BAILEY, On Wednesday the 12th of SEPTEMBER 1787, and the following Days;

Being the SEVENTH SESSION in the Mayoralty of The Right Honourable Thomas Sainsbury , LORD MAYOR OF THE CITY OF LONDON.

TAKEN IN SHORT-HAND BY E. HODGSON, PROFESSOR OF SHORT-HAND; And Published by Authority.

KING's Commission of the Peace, Oyer and Terminer, and Gaol Delivery for the CITY of LONDON, &c.

BEFORE the Right Honourable THOMAS SAINSBURY , LORD MAYOR of the City of London; the Honourable Sir ALEXANDER THOMPSON , one of the Barons of his Majesty's Court of Exchequer; the Honourable Sir NASH GROSE, one of the Justices of his Majesty's Court of King's Bench; JAMES ADAIR , Serjeant at Law, Recorder of the said City; JOHN WILLIAM ROSE, Esq; and others his Majesty's Justices of Oyer and Terminer of the City of London, and Justices of Gaol Delivery of Newgate, holden for the said City and County of Middlesex.

London Jury.

Thomas Parker

Richard Grace

William Cooper

Benjamin Good

William Baddeley

William Wilson

John Benham

George Worthy

Thomas Wood

John Stevens

George Watson

Henry Catmur .

First Middlesex Jury.

John Gregory

James Lock

Edward Shee

Samuel Brewerton *

* Roderick Mackenzie and David Riles attended in the room of Samuel Brewerton.

John Willis

Thomas Allen +

+ Daniel Britton in the room of Thomas Allen .

James Gough

James Carr

Benjamin Williams

James Goddard

Edward Blissett

Richard Hannam .

Second Middlesex Jury.

James Hare

William Kendall

Thomas Hamilton

William Farmer

John Shepherd ++

++ Thomas Cleane and John Nimmo served part of the time in the room of John Shepherd .

671. THOMAS SIBSON otherwise JOHNSON was indicted for burglariously and feloniously breaking and entering the dwelling house of Benjamin Cullington , about the hour of one in the night of the 21st day of July last, and burglariously stealing therein, one man's hat, value 3 s. one silver hat buckle, set

with stones, value 3 s. the property of John Webb ; three pair of stockings, value 4 s. two stocks, value 1 s. and one pair of cotton stockings, value 1 s. and for afterwards burglariously breaking the said dwelling house to get out of the same .

BENJAMIN CULLINGTON sworn.

I keep the New-inn, Tottenham-court-road ; on the 27th of July, the prisoner came to live with me as a waiter ; on the 31st, he went away in the night; some trades-people had a supper at my house that night; I was up stairs waiting upon them most of the evening, my wife went to bed rather before one o'clock, and when I came down about a quarter after one, the prisoner was gone.

When did you see him last in the house? - It might be about twelve o'clock or after.

Were your company gone? - My company was left in the house.

The house was not fastened up for the night? - Yes, the maid fastened the door upon the spring lock; about twelve o'clock or after, I came down to let some persons out, and saw it fast.

How many doors have you to your house? - There is but one door to go out; there is a back door into the yard, but it is walled in; there is no getting out of the house that way.

How high is the wall? - About ten feet.

Were the lower windows of the house shut or open? - Shut, we shut up about eleven o'clock.

Was the back door shut or open? - It was open when I came down.

Was the front door shut or open? - Open when I came down.

Did any of the company that were up stairs come down before you came down? - Yes, two of them; when I came down I missed the prisoner; I went to look for him, and found he was not in bed; I thought perhaps he might have gone to bed; he had left his hat behind him; when my wife got up next morning, she missed the things mentioned in the indictment.

(Repeats them.)

Did you ever find any of them again? - No, except the man's hat that was taken away belonging to John Webb .

How soon after did you find the prisoner? - On the 22d of August, Mr. Ford apprehended him in Middle-row, St. Giles's; he used my house, and knew the prisoner; he sent for me, and I came and saw him at the Cock in Litchfield-street.

What did he say for himself? - He said he was very sorry, and told me where he had sold the table cloths.

Did you make him any promise of favour? - No, none in the least; he asked whether I could get the things back again without paying for them; I told him, may be I might; he said he had sold them to a Mrs. Harris, in Old-street-road, he sold two table cloths first for seven shillings, and one for three shillings.

Did he say when he had taken them? - No, they were there the day before he went away; one of them was laid for supper the night he went away; the other things he said he could not tell any thing at all of.

Did you find any of the things at Mrs. Harris's? - No, there were some duplicates found upon the prisoner, but they did not relate to any of my things, except a pair of breeches, which I believe were mine, but I am not sure.

Who were those two of the company that went away? - One was a Mr. Dunbar, an ironmonger, next door to me, and the other a Mr. Fish.

Are either of them here? - No; Webb's hat was found upon the prisoner's head.

JOHN WEBB sworn.

What do you know of this matter? - That is my hat, my Lord.

How do you know? - By marks that are in it.

What marks? - When I used to sit down to dinner or supper, I used to put the chewed tobacco out of my mouth under my hat upon my head, and here are

the marks; I am sure it is my hat; when I lost it, there was a silver buckle in it, but there is now another in it.

HUMPHREY FORD sworn.

On the 20th of August, I apprehended the prisoner in Middle-row, St. Giles's; his master had informed me that he was gone from him, and had robbed him; I saw him, and gave him a few halfpence the Sunday before he went; I took him by the collar, and said he had robbed his master, and he should go with me to him, but he said he would not go to him; says I, then you shall go into the hands of justice; I took him to the Cock in Litchfield-street.

What did he say for himself? - He denied his innocency; says I, from the hand of justice you shall not go; I left my fellow-servant with him while I went for an officer; he begged for mercy, he said he had not taken nothing at all; Webb's hat was on his head; he said he had given eighteen pence for it in Rosemary-lane; when the officer came, he found sixteen duplicates upon him.

PRISONER's DEFENCE.

When they took me, I was in liquor, and did not know what I said, if I did say it, I do not know it; I bought the hat in Rosemary-lane.

Court to Cullington. What was the value of the table cloths? - I suppose three or four guineas.

672. DANIEL HENLEY was indicted for burglariously breaking and entering the dwelling house of Charles Grooby , on the 16th of August , about the hour of nine in the forenoon, one Elizabeth, the wife of Daniel Adams in the said dweling then and there being, and stealing one hat, value 18 d. one pair of buckles, value 4 s. one pair of knee buckles, value 12 d. one coat, value 40 s. one waistcoat, value 3 s. one silk waistcoat, value 5 s. two pair of breeches, value 10 s. and four shillings in money , the property of James Gun .

ELIZABETH ADAMS sworn.

I live in Mr. Grooby's house, No. 22, Queen-street, May-fair ; James Gun was put into the house as a guard to sleep in it; on Thursday, the 16th of August, about nine o'clock in the morning, the prisoner knocked at the door, under pretence of taking away the rubbish from the top of the house; he is a bricklayer's labourer, and had been at work in the house two days before; I opened the door, and asked him what he wanted; he told me he came for some rubbish that he left upon the house top the night before; they had finished their work the night before.

There was nobody else in the house but you? - No, I let him go up stairs by himself, as he had done the day before; Gun's box was in a room adjoining to the room that the prisoner went through to fetch the rubbish; he opened the box with this false key. (Producing it.)

You did not see it? - No, he came down with a basket, but I did not perceive any thing in it at that time; he went away, and did not return till the next evening about six o'clock; he then knocked as before, I let him in; he then said he came to fetch a brush and trowel belonging to the bricklayer which he had left; the room door where Gun's box was, was locked; it was locked on Thursday, but it was on Friday; I went up with him on Friday, and found the door was locked.

There was a window open in the room? - Yes, and he put a ladder up for the trowel and brush; I came down stairs, and left him there; I had a suspicion that he

was the person before; I intended to detain him in the house; the prisoner's master detained him, till I could get a constable, a constable came, and took him to the watch-house; when he came down he had a great deal of property about him.

What property? clothes or what? - Men's clothes.

Did you know whose they were? - Yes, I can swear to them, because I washed some of them.

(Repeats the things mentioned in the indictment.)

You know those things belong to Mr. Gun? - Yes.

Did you observe whether any thing had been done to the door? - No, the key was in the door withoutside, that he could unlock the door without breaking it.

Did you go to see if the box was open? - No, I did not, the young man locked the box in the morning, and took the key with him.

You said it was the first day that the coat was taken? - Yes.

How do you know that? - Because the young man went up stairs, and missed it, and charged me with it.

JAMES GUN sworn.

I was at Mr. Grooby's house, as a kind of guard.

Had you any property there? - Yes, all that I have; I kept them locked up in a box in the room adjoining to where I slept, and kept the key of it in my pocket.

On the 16th of August did you miss any thing from your box? - No, not till the next morning, the 17th, when I missed the things mentioned in the indictment.

(Repeating them.)

What time in the morning did you go out? - At six o'clock to work; the box was then in the room, and I locked the door myself, and left the key in it; the box was picked with a false key; when I came home, I found he had been taken with the property upon him.

These things were taken out of your box? - Yes.

Court to Mrs. Adams. Had you been up stairs on the 16th, in the morning after Gunn went out, and before the prisoner came in, and went up stairs? - No, if the door was left locked by Gun, it was locked when the prisoner went up, for nobody had been in the house, nor up stairs, but myself to make the bed in an adjoining room, but I did not go into this room at all.

Did you take notice whether the door was shut or not? - It was shut, but I cannot say whether it was fast or not.

ARTHUR POTT sworn.

I am a bricklayer; the prisoner had worked for me several days at Mr. Grooby's house; and on Wednesday, the 15th, they had finished their job at night; I wanted him on Thursday morning, but he did not come to his work as usual; I learned that in the course of the day, he had been to the house to fetch his tools away; on the 17th, about eight o'clock in the evening, Mrs. Adams called to me, as I was passing by the end of Queen-street; I went to her, she told me she was glad to see me, for she had found the thief, and was then going in search for a constable; I told her I would stay at the house till she came back; I went to the house; the prisoner was then standing at the door with a man that had care of him; I called him into the passage, and shut the door; she had told me she was certain he had then got some things about him; I asked him several questions about the robbery, and he denied knowing any thing at all of it; I saw he had something between his waistcoat and his shirt; I unbuttoned his waistcoat and took out this pair of shoes; I asked him how he came by them; he told me they were his; he was going to change his lodgings that night, and was taking these things with him; on further persuasion, he took those two pair of stockings out of his breeches; soon after the beadle came; we then further searched him, and took

I was sent for to Mr. Grooby's house, on the evening of the 17th of August, about half an hour after eight o'clock; I took the prisoner into custody, I searched him, and found upon him a shirt, a waistcoat, a pair of stockings, a neck handkerchief, and a penknife. (Producing them.) I have had them in my custody ever since.

Court to Gunn. Look at those things, see if they are your's? - They are mine.

Were those things in your box? - Yes; this hat and buckles I found at the prisoner's lodgings on Saturday morning, the 18th, in his chest.

How do you know it was his lodging? - He told me himself it was his lodgings.

Where? - In St. Giles's.

JOSEPH WILLINGTON sworn.

I am a pawnbroker; on the 16th of August, the prisoner pledged this coat with me in the evening, about five o'clock.

673 NICHOLAS LILLY was indicted, for that he, in the king's highway, in and upon William Brittle , did make an assault, putting him in corporal fear and danger of his life, and feloniously taking from his person against his will, a silver watch, value 30 s. his property , August 12th .

WILLIAM BRITTLE sworn.

I live in Half-moon Court, Hermitage Bridge, Wapping; on the 12th of August my wife and I were at the West end of the town to see a friend, we were coming home the same night, two men met me by Lower East Smithfield , between 9 and 10 o'clock; the first man passed by me without meddling with me at all, or saying any thing, the next man, Nicholas Lilly , jostled me against the wall, and took my watch out of my pocket; he came against me with his shoulder, and drove me up between him and the wall as close as he could; he ran away immediately, and I pursued him, and knocked him down, I held him fast when he was down; till I raised him up upon his feet again; I held him fast, and some people went for an officer; a great multitude gathered about me; when the officer came I delivered him to him, but never quitted hold of him myself; the watchman found a part of the watch.

Did you ever lose sight of him? - No, he was was not the length of himself from me in the whole pursuit, till I knocked him down.

Is the watchman here? - Yes, his name is Russel; I saw part of the glass the same night, but I did not see the guts for three weeks after.

Is it here? - Yes.

You are sure he was the person? - Yes, I am very sure, because I never lost sight of him till I went and got him put into the lock-up-house.

Prisoner. Was you sober? - Yes.

Court. Do you mean to say you was perfectly sober, had you not been drinking? - No, only what I had drank at dinner, which was not above a pint of beer.

Prisoner. Was it dark or moon-light when you laid hold of me? - It was under a lamp that he robbed me, so that I saw him distinctly and perfectly.

saw the prisoner and the prosecutor have a scuffle, in the middle of the street, pulling and hawling one another; and I heard something go smack up against the house where I was, over my head; I paid but little regard to that just then, but looking at the prisoner and the prosecutor, I saw the prosecutor had got the prisoner down upon his back in the kennel; the prosecutor called out watch, watch, several times, and said that he had robbed him of his watch; at the same time he had fast hold of the prisoner, on hearing the prosecutor say he had lost his watch, and recollecting something being smacked against the house, I thought that might be the watch; I went immediately back to look, and I found the guts and some of the broken glass, the outside case I could not find, nor I never heard who did find it.

Is that the same watch that you picked up? - Yes, it has never been out of my custody since; I saw the prosecutor have hold of the prisoner, till the officer took him away.

Shew that watch to the prosecutor.

Prosecutor. This is my watch, there is I. B. in it, and the maker's name is Jones, and the Number is 731.

Court to the prosecutor. Was that chain to it when you lost it? - Yes, I can swear to the seals and the chain too.

ROBERT DAWSON sworn.

I was officer of the night and was called from the watch-house; the prisoner was delivered over to me by the prosecutor.

PRISONER's DEFENCE.

The justice asked the watchman, if he picked up the watch; he said no, only a little bit of the glass; and I told the justice it was very hard for any body to swear to a piece of glass; he produced no watch, and the justice committed me for an assault, and they have brought the watch to lay to me a thing I know nothing about; he said he had picked up no watch at all.

Court to Russel. Did you deny before the justice that you picked up the watch? - No, I did not.

Prisoner. There is a gentleman in court will say the same.

Court to the prisoner. What is his name? - Robert Dawson .

Russel. He behaved so insolent before the Justice and made such a noise, that he drowned all our voices; he told the Justice he was no Justice at all; and the Justice told him he should have justice done him, for he believed he would never come before him again.

For the Prisoner.

ROBERT DAWSON sworn.

The watch was not produced; the watchman was going to produce it, but the prisoner behaved in such a manner, that it was not possible to hear what was said, and he was committed without its being produced.

674. JOSEPH HANNAM , otherwise MOORE , was indicted, for that he on the king's highway, in and upon Mary Dealow , did make an assault, putting her in corporal fear and danger of her life, and feloniously taking from her person against her will; a black silk cloak, value 20 s. the property of the said Mary , June 20th .

(The witnesses examined apart at the request of the prisoner.)

MARY DEALOW sworn.

On the 20th of June, about nine o'clock at night, as Mr. Reeves and I were going over Stepney Fields , we were stopped by three men; the prisoner demanded my money; I told him I had no money; he then demanded my cloak; I told him, says

I, don't take my cloak, and he bid me take it off, or he would; and held something like a cutlass or a knife over my head, while I took it off; I saw it bright upon my shoulder; he held it across my neck while he took my cloak; he rolled the cloak up, and throwed it to one of the other men upon the ground, and then bid me go out of the field about my business.

Was it light? - Yes, it was the longest day in the year.

Are you sure it was the prisoner? - Yes, he walked three fields before us; I took particular notice of him.

Did he go away? - Yes, they turned towards the Half-way-house, in Stepney Fields, back again.

When did you see the prisoner again? - The latter end of July at the Justice's.

How came you to see him there? - He was taken up; I was sent for; and knew him the moment I saw him.

Prisoner. She swore to another man last sessions; that he took away her cloak; and he was capitally convicted for it; and is since executed.

Court. Did you prosecute any body last sessions? - Yes, one Romaine.

How came this man not to be tried before? - Because he could not be found; I did not see him till it was too late to try him last sessions.

Was Romaine one of the persons with him? - Yes.

SAMUEL REEVES sworn.

(The Prosecutrix ordered out of Court.)

I am a Surveyor; on the 20th of June last, I was with Mrs. Dealow; we were met by three men in Stepney Fields; who robbed both her and myself; one of them went up to her, and asked for her money; she made some trifling answer; either, that she had not much, or had none, or something of that kind; then says he, I must have your cloak; he took the cloak off.

Had he any thing in his hand? - He had something of a hanger, or something of that kind, in one hand, while he took the cloak off with the other hand; he threw the cloak upon the ground, and one of the others took it up, and went away with it, and they all three went off.

Did he roll the cloak up? - It seemed to be rolled up, and the other clapped it under his arm.

What was his name? - Romaine.

Look at the prisoner, was he one of the three? - I believe the prisoner was the person that took the cloak off; but I will not be thoroughly positive.

When did you see him afterwards? - At the Justices Office; I don't recollect immediately when, but it was since the last Sessions.

Did you know him again? - I did; I recollected his countenance, but not his dress.

What was your opinion about him at that time? - Much the same as it is now; I told the Justice I could not positively swear to him.

Look at him again, and tell me what you think at this moment? - He is very much like the person, but I do not chuse to swear positively he is the person.

Was you positive as to Romaine? - Yes, I was rather positive, but not thoroughly as to him.

You said you met the three men? - They first of all followed us, and then passed by us.

How long might they be in the act of following and passing by you before you were robbed? - I suppose upwards of ten minutes.

Had you an opportunity then of observing them? - Yes, it was light enough, the moon was full out.

JOHN ORANGE sworn.

I belong to the public Office, Shadwell; upon an information being given, I apprehended the prisoner.

Court to Mrs. Dealow. There was a person that took the buckles out of your shoes; was that the same person that took the cloak? - No, it was the person that the cloak was thrown to, that took my buckles.

GUILTY , Death .

The prisoner was recommended to mercy by the prosecutrix.

Tried by the second Middlesex Jury before Mr. Justice GROSE.

There was a second indictment against the prisoner, for robbing Mr. Reeves, but the Court thought it unnecessary to enter upon the trial.

675. JOSEPH HERBERT and THOMAS HOLDSWORTH were indicted for stealing four live turkies, value 4 s. three live conies, value 3 s. one live drake, value 12 d. and two live fowls, value 12 d. the property of Thomas Froggatt , August 31st .

THOMAS FROGGATT sworn.

I live at Shoot-up Hill, near Hampstead ; on the last of August, I lost the poultry mentioned in the indictment; I missed them the next morning.

What time did you get up? - The maid was up about six or seven o'clock I believe, but I cannot say.

What time did you go to bed the night before? - Between nine and ten; I cannot say whether the two fowls went that night or not; but the others I am sure were there the night before.

Where was your poultry kept? - The turkies were kept in a stable before the house, and the ducks and rabbits were in a little yard at the back of the house.

Do you know who took them? - No.

When were the prisoners apprehended? The 1st of September in the morning.

Was you present? - No, at night the patrols inquired if I had lost any poultry.

Did you ever see them again? - Yes, at Bow-street; the people that stopped them took the rabbits and the turkies, for they were dead, and of very little use.

HENRY CROKER sworn.

On the 1st of September, about half after nine o'clock in the morning, I saw the two prisoners coming out of a field that leads from Kentish Town to the turnpike in Tottenham Court Road; Holdsworth had a basket, and the other had a handkerchief stung to his shoulder with a stick; I followed them down Tottenham Court Road till they came to the Terrace, where my brother officer Hatch lives; I called to him, and told him I suspected these men; I immediately laid hold of Holdsworth, he dropped the basket, and we had a struggle; the other ran away, and Hatch pursued and took him; in Holdsworth's basket, four yellow turkies, a very large yellow rabbit, and a small one yellow likewise: I took them to Bow-street, and on Monday I heard the things were claimed by the prosecutor in the presence of the prisoners; they said they found them.

Mr. Garrow, prisoners counsel. Which of them was it that said he had found them? - They both said so.

Can you venture to say that Holdsworth said so, or that the other had asked him to carry them? - I am sure he said so.

What time in the morning was it? - About half after nine, or between nine and ten.

THOMAS HATCH sworn.

I apprehended the prisoner Herbert, and found upon him a large drake and a rabbit, tied up in a handkerchief.

Court to Froggett. Those things that were stopped, were shewn to you at Bow-street? - Yes.

Could you tell with certainty whether any of them belonged to you or not? - They were not marked, but I believe they were mine; they were the same size, and

the same number as I lost; the drake was a remarkable large one, greyish, and some green upon his head; I bred him in the spring.

Can you say with any degree of certainty, whether it was your drake or not? - I cannot, but I believe it was mine.

Do you think if it had been among a flock and you had look'd for it, you should have known it? - Yes, I think I should.

Mr. Garrow. What time in the morning were those missed? - About six or seven o'clock I believe, but I cannot say.

Then they must have been stole between nine o'clock in the evening and that time? - Yes.

JOS. HERBERT's DEFENCE.

On Saturday morning I got up about six o'clock, I went to Holdsworth's lodgings, and stopped there; I asked if he would go out and see for a day's work at hay-making; we went round the fields and could not get any work, and in the field near Tottenham Court Road, these things lay; we took them up, and did not know what to do with them; the other prisoner said he would take them home and have them advertised, and if nobody owned them, we would make use of them.

The prisoner Holdsworth left his defence to his Counsel.

For Holdsworth.

SAMUEL WEBB sworn.

I live in Maynard-street, St. Giles's, Bloomsbury; I keep a horse and cart, and sell greens about the the town.

Do you keep a house? - No, I have two rooms in the house of Mr. M'Cabe, a rabbit merchant, in Leadenhall Market.

Do you know Holdsworth? - Yes, he lodged with me.

Do you remember the day he was taken up? - Yes, the night before he went to bed in my back parlour, about a quarter after ten o'clock.

How long had he been in your company before he went to bed? - All the afternoon long.

What time in the morning did he go, out? - As near as I can say upon my oath, about ten minutes or a quarter past seven.

It was not before seven? - No, it was not; my milkman always comes at seven, and I called him up to take the milk in, and I am sure he was then at home.

How soon did you hear he was in custody? - The same day.

Then are you sure he was at home at seven in the morning? - Yes.

And slept at home? - Yes.

What part of the house do you sleep in? - I sleep in the fore parlour, and the partition is taken down between the room where he slept, and the room where I slept, so that it is like the same room.

Jury. Have not you been in custody yourself within these three months? - No.

Nor within these six months? - No, nor within these two years. I'll tell you the truth; once I was a poor man; I went a begging, and was then taken up as a vagrant, but was never taken up upon any charge for any crime.

Court. What is Holdsworth? - A shoemaker; his master is here that he was apprentice to.

He does not go out a hay-making does he? - No, not that I know of; I don't know; he might; he had work'd some time back at Chelsea, and then he work'd at Knightsbridge, but he was out of work at this time, and had been seven or eight days.

He was at home all that afternoon? - Yes.

How happened that? - He went along with me to buy a jack-ass, and I could not get one; and I bought a poor old horse, and brought him home about six o'clock in the evening, and he never went out after that, but staid with me at Mr. Price's

the public house, and had some beer, and passed away the time playing at all-fours till after seven.

Who else was in company? - Several; Mr. Price himself was there, and saw us there.

Was any-body but you and Holdsworth in company together? - No.

Did you sup at Price's or your own house? - At my own house.

Was any-body there at all? - Yes, my wife.

No-body else? - No.

Did she sup with you? - Yes.

What had you for supper? - A piece of cold breast of mutton and potatoes.

Any beer? - Yes, a pot; we sent for it to Price's; my wife fetched it.

What time of night? - About half past seven or rather better; it was not eight o'clock; my wife called me when supper was ready.

What time did you go to bed? - About ten, or about five or ten minutes past ten o'clock.

Did Holdsworth go to bed before you or after? - About five minutes after I had been in bed; says he I'll go to bed I think; ay, says I, do; I wonder what you staid up so late for; my wife sat up an hour after.

Who was first up in the morning? - Holdsworth; my wife got up about eight o'clock; Holdsworth took in the milk, and I sent him to Price's for some spirits a little after seven, and he brought it.

Your wife was not up then? - No.

MARGARET WEBB sworn.

I am wife to the last witness.

Where do you live? - In Maynard-street, St. Giles's.

In whose house? - Mr. M'Cabe's.

What is your husband? - Sometimes he goes out with goods in the street.

How? - Upon a jack-ass sometimes; and sometimes with a horse and cart.

And what goods does he sell? - Green grocery.

What part of the house do you lodge in? - The two lower rooms.

Did Thomas Holdsworth lodge with you? - Yes, his father lived at Chelsea, and he lived with his father before he came to us.

What business is he? - A shoe-maker.

He was taken up lately, you know? - Yes.

How long before that had you seen him? - About five minutes before seven that day, my husband went and spoke to him to take in some milk.

What time did he go to bed? - A little after ten, and he was not out from five or six o'clock till he went to bed.

Where was your husband? - He was at home when the prisoner came home; my husband had been out too, and they came almost together.

Had they been out together? - No.

Did the prisoner go out any where afterwards? - No, he was very warm with walking, and sat down to rest himself.

Did he go to Price's? - Yes, he might, but he was not out of the house ten minutes; without he went out while I was gone to buy a bit of meat.

What time was that? - About seven.

How long did you stay out? - About half an hour.

And you found them at home? - Yes.

What did you buy? - A bit of breast of mutton.

What had you for supper? - A breast of mutton, and broth, and turnips.

What time did you sup? - About half past eight, or near nine.

Who supped with you? - The prisoner, and one Margaret Carty , and my husband and I.

Court. I think it needless to go any further, it is as complete a contradiction as possible.

The prisoner called the person he served his time with, and another person who had

676. JOHN COOPER , THOMAS UPTON , FARRELL KERNON and ANDREW REDMAN , were indicted; the first for stealing forty-nine cotton shirts, value 12 l. 5 s. and five pair of thread stockings, value 8 s. the property of John Williamson , Esq ; July 17th ; and the other three, for receiving part of the said goods, knowing them to be stolen .

JOHN WILLIAMSON , Esq; sworn.

I appear to prosecute these people, merely for the good of the public. On the 3d of August, I went in consequence of an information I had received, with a search-warrant, to search Upton's house, No. 49, Windmill-street; there I found an apron hanging on the line, and some table-linen on the table, which were made out of my shirts; with the assistance of the officers, we found two duplicates in a box in that room; we took the woman we found in the room to Bow-street; in going there, Macmanus, one of the constables, met her husband in Leicester Square, and took him.

Have you at any time lost the goods in the indictment? - Yes, I missed them, but did not know how till after the information; I then missed forty-nine callico shirts; I know the exact number, because I had an account of all my linen in a book.

What character (independent of this transaction) does the boy deserve? - A better boy nor an honester creature never was born; I did not know that he was doing wrong; my confidence in him was unlimited; he had every thing of mine under his care, and even now I can take it into my service again; there is one circumstance, which as a proof of his honesty I shall just mention: I sent him in the course of the winter to buy some stockings for himself, he brought them to me, and asked me if I liked them; I told him they were what I meant he should have; he laid down the money as I was busy writing, and when I came to tell it, I found he had given me too much; I told him he had cheated the people; he said no, he had got them two-pence a pair cheaper than I could have got them.

You did not find any thing that had been your's in the state in which you lost it? - No, some of it was making into table-linen; there was a callico shirt.

This was a stock of linen you had during your stay in India? - Yes, some of them had been worn but an hour, in order to avoid the duty of the Custom-house, in consequence of having such a vast quantity; I had upwards of five hundred shirts: Upton's wife appeared to be (though poor and big with child) exceedingly industrious; and I never felt more in my life than at that time, to see her in that situation with her work before her: when the boy first came to me, he did not understand our language, and

when the articles of war were read on board the ship, and that article concerning theft, I do not believe he understood it, but he had often seen me punish the people under my command, who had been guilty of crimes, and had prevaricated, and not told the truth; for if I caught them in a lie, I never let them go unpunished, and he always told me the truth.

Of what did your family consist? - Myself, my wife, the prisoner, and two maid-servants.

Your linen was always washed out? - Yes, they were given out and received back by the maid-servants; they were all clean, and were so when they were found upon the prisoners; except one, which was worn by Redman.

Did you keep the drawers always locked? - No, I had been very inattentive in that respect.

Had any body else access? - They might for aught I know, when they laid open.

Any other person in the house might have robbed you? - Yes, I did suspect it had been a servant maid that took the things away; and that was the reason I first kept the drawers locked up; I had observed the linen lay closer in the drawer than usual, and I used to d - n the washer-women for pressing my linen so close; sometime before this the boy went o an errand with twenty guineas, sometime before, which he had been trusted with, and which he faithfully delivered, and he has frequently been trusted with money in his pocket.

MARY SMITH sworn.

I lodge at Mrs. Banbury's in Windmill-Street, the prisoner (Cooper) knocked at my door; I went and opened the door, and he asked me if there was not a man lived there that gave bills out; I said yes, up three pair of stairs.

What is his name? - Thomas Upton ; the boy went up stairs.

Had he any thing? - No, not then; he went away, and came again in about half an hour afterwards; and I saw him go into Upton's room with a bundle.

What sort of a bundle? - Some things in a coloured handkerchief.

Was Upton at home? - No.

Did you see the handkerchief open? - No.

Was you ever in Upton's room? - Yes, many a time.

Did you ever see in his room this bundle? - No, only the shirts.

Should you know the shirts again if you were to see them? - I do not think I should; I remember the cloth was callico.

PATRICK MACMANUS sworn.

I went with Captain Williamson to this room of Upton's; I found some duplicates and a shirt that had been cut up; the captain said he did not doubt but that was his, though it was cut up; I then took up Upton's wife, and sent Shallard with the duplicates to the pawn-broker's; on the road to Bow-Street we met Upton; I asked his wife if that was her husband; she said yes; she told him what she was going to Bow-Street about; and I told him he must go too; he began to cry and seemed very much frightened; then we went to Bow-Street; it was on the 3d of August, the same day the little boy gave information.

Court to Captain Williamson. How was that information procured? - I called upon Justice Addington in the morning, and told him of the robbery.

Was it not in consequence of threats? - No; I took the boy to the Justice without saying any-thing about it, and sent him in to ask if the Justice was there; (I had previously seen the Justice, and told him of it) the boy came out and said no; I then desired him to stay there till he came, and make my compliments to him; he did, and the Justice told him, Jack, I am sorry to find you are turning out a bad boy, and told him he had robbed his master; and he immediately confessed, and related all the circumstances.

- It is the examination of Cooper, one of the prisoners at the bar, taken before Justice Addington.

Was you present when it was taken? - No, but afterwards I was called in, and it was read over before the boy; and he was desired, if there was any part of it that was not truth, to contradict it; and he said it was all true.

In what language? - In English; he said it was all true, and I saw him sign it and the Justice too.

Court to Captain Williamson. Who took the examination? - The clerk.

Was Justice Addington present; - Yes.

Did the boy give his relation? - Yes.

And from his relation the confession was taken? - Yes.

(The confession read.)

Macmanus. When I brought Upton, I went to the boy, and he described Kernon as a person who gave bills out; I went towards the place where he said Kernon used to stand; I saw him and asked him if his name was Kernon; he said yes; I told him he must go with me to Bow-street; he asked me what for, and I told him; he began to cry.

Is Kernon a Jew? - No, I believe not, the boy took him for a Jew.

Is he lame? - Yes; I took him to Bow-street and searched his pockets, and found the key of his lodgings; I went there and found six shirts.

(They were produced and deposed to by the prosecutor.)

Court to Mrs. Smith. You said you saw the boy come to Upton's, how was he dressed? - As he is now, in a brown coat and red collar.

Court to Captain Williamson. Is that your livery? - Yes, it is his livery undress.

What do you know those shirts by? - They are all marked with W. and the number underneath.

Is that mark so plain you can see it? - Yes, there is the letter and number plain, though there has been an attempt to rub them out.

Macmanus. The next day the 4th of August, the boy was again at Bow-Street. he described Redman; he said he used to sell fruit about the street in such a place; I did not think he had told me well enough for me to find him; so I brought the boy with me, and Shallard and I and the boy went to Piccadilly, and found him; he said he lodged in Greek-Street, Soho; I went to his lodgings and found some duplicates, and one shirt that had been wore.

(Deposed to by the prosecutor.)

I found at the pawn-broker's this shirt and stockings.

(Deposed to by the prosecutor.)

Mr. Knowlys to Macmanus. When you asked him if his name was Kernon, he told you very readily it was? - Yes.

JOHN SHALLARD sworn.

I went with Upton to a cellar in Windmill-street, and he asked the woman for the shirt that had been left there, and she immediately gave it up; she said Upton's wife brought it her to cut up to make a frock for the child.

(Deposed to by the prosecutor.)

HENRY DIXON sworn.

I am a pawn-broker, the corner of Walker's-Court, Little Pultney-street; on the 30th of July, the prisoner Upton pledged this shirt with me for half-a-crown.

(Deposed to by the prosecutor.)

JOHN BOYD sworn.

I am a pawn-broker, I live with Mr. Caites in the Strand; on the 4th of July, the prisoner Redman pledged this shirt with me.

677. THOMAS WOOD was indicted for feloniously stealing, on the 5th of September , thirty-six yards of ribbon, value 10 s. the property of Thomas Living .

(The witnesses examined apart at the request of the prisoner.)

THOMAS LIVING sworn.

I live at No. 28, Holborn , below the bars; on Wednesday the 5th of this month in the evening, between seven and eight o'clock, I was looking over a quantity of gloves that were come in that day up stairs, and on coming down, I went behind the counter; I saw the prisoner at the bar looking at some ribbons; there were several of my young ladies in the shop; one of them ( Ann Adams ) told me he had stole some ribbons.

Did she tell you openly or privately? - Openly.

She said it to his face did she? - I can't say whether he heard it or not, but she spoke loud enough for him to hear; I took hold of him and charged him with it, and he said I know I have, and took them out of his pocket.

What quantity? - About thirty-six yards in the whole; there was a mazarine blue and a pink: immediately after I had got the ribbons from him, he said he had never seen them nor touched them, nor they never had been taken out of his pocket; I sent for a constable, and he took charge of him.

Was the ribbons that you took out of his pocket your's? - Yes, it had my private mark upon it.

Mr. Knowlys, prisoner's counsel. You keep a shop in Holborn? - Yes.

Have you a partner? - No.

Nor any person that partakes of the profits arising from your trade? - No.

Were you in the shop when the prisoner first came in? - No; I was up stairs.

You were not by when he bought some ribbon and paid for it? - No.

You have told us that you think that what was said, was loud enough for the prisoner to hear? - Yes.

And he stood his ground? - Yes.

When you charged him with having the ribbon, the answer he made was, I know I have; but upon your oath, did not he add to that these words, I have no more than what I mean to pay for? - He said so when he got before the aldermen at Guildhall.

You do not recollect whether he said so at the time? - No, he did not.

Jury. Were there any marks of the length of the ribbons upon them? - There was none at that time, but one of them was a half piece, and had never been touched.

Do you happen to know if the prisoner is a married man? - No further than I have been told.

ANN ADAMS sworn.

On the 5th of this month, the prisoner came into Mr. Living's shop, and asked for some narrow ribbon; I shewed him a roll of three penny and fourpenny ribbon; from that drawer he took a piece of blue sattin, and put it in his left hand pocket; he said there were none narrow enough, and wanted to see some three halfpence a-yard; I shewed him some, and he desired me to cut him off two yards of blue, which I did; he gave me a shilling to pay for it; before he had his change, he wished to look at some wider; I then took up a drawer that had china ribbon, from that he took a piece of pink; I did not see him take that, but I knew it was our's when he took it out of his pocket; they were not wide enough; I took out another drawer that was sixpence halfpenny a yard; he desired me to cut him off two yards of that; while I was measuring it, I saw him take a half piece of mazatine blue ribbon, which had never been cut; I was going to send up to Mr. Living, when he came down by accident with some gloves; I told him that man had got some ribbon; he asked me if I was sure, I said I was.

Did the prisoner attempt to go off when you told Mr. Living? - As Mr. Living laid hold of him, and charged him with it; he said he knew he had; he seemed to be in some confusion; he said he knew he had, but did not want it; he took the other two pieces of ribbon out of his pocket, and wanted to put them under some papers that laid on the counter; I saw what he was going to do, and took them up in my hand; I lapped them up, and kept them in my possession till they were delivered to the constable next morning.

Did he say any thing about meaning to to pay for them? - He said he intended to have some of them; after that, he denied having had them in his pocket.

Mr. Knowlys. Though he might hear what you said he kept his ground? - Yes.

He laid the ribbon down on the counter before your face? - Yes.

To be sure you must have misunderstood something that he said, because it is hardly to be supposed that he said he did not take them; at one time he did say he intended to pay for them? - He said he intended to have some of them.

Do you happen to know if the prisoner is a married man? - No, I did not before he came into the shop, but he then told me he wanted them for his wife.

JOHN SPEATMAN sworn.

I am a constable; I was sent for by Mr. Living to take charge of the prisoner; these ribbons were delivered to me by Miss Adams.

(Deposed to by the prosecutor and Miss Adams.)

PRISONER's DEFENCE.

I asked for two yards of ribbon; I afterwards asked for some other ribbons; I took the ribbon in my hand; he charged me with it, and I said I had no more than I intended to pay for.

between eight and nine in the morning; they were in the stye in the yard; the prisoner is a butcher ; he had been loitering about a great while; I had known him twenty years.

Does he live in that part of the country? - He is sometimes in one place, and sometimes in another.

How lately did you see him before the pigs were lost? - I cannot say how long.

When did you see your pigs again? - This day fortnight, at Smithfield, in the second pen from Long-lane, the same day that I missed them.

What time of day? - Between ten and eleven o'clock.

How did you know them to be your's? - They were very remarkable; I had had them this twelvemonth; they had a mark in the ears which I made myself.

Were they in the possession of the prisoner? - No, they had been sold twice; I found them in the possession of one Coy, who is a hog-jobber, and deals in hogs; I charged Coy with my pigs, and he was taken to Guildhall, and he and an officer went and brought back with him, William Goodliff , whom he had bought them of.

When Goodliff was brought before the Magistrate, what did he say for himself? He said he bought them of Mr. Harwood, the prisoner.

WILLIAM COY sworn.

I deal in pigs; I bought these two pigs, and another one, in Smithfield market, of William Goodliff .

Who was present when you bought them? - Several people; I paid three pounds nine shillings for the three.

Who took possession of the pigs? - James Aldridge , junior, the prosecutor's son and two others.

JAMES ALDRIDGE , junior, sworn.

I found my father's two pigs in Smithfield market, in the possession of Coy; I told him they were stolen; he said he knew the man he bought them of.

Court to Coy. Were the pigs this witness took possession of, two of the pigs you bought of Goodliff? - Yes.

WILLIAM GOODLIFF sworn.

I bought the two pigs of the prisoner.

Was any body present when you bought them? - Yes, three or four people, but they are not here.

What did you give for the pigs? - Two guineas.

WILLIAM BASSETT sworn.

I took the prisoner in the Brown-bear, Whitechapel; he was drunk; I took him before a Magistrate.

Was he examined when he was sober? Yes.

Was Goodliff there? - Yes.

What did he say in the hearing of the prisoner? - He said he bought them of the prisoner at Rumford.

Did the prisoner deny that Goodliff had bought them of him? - No, the prisoner said he had bought them at Rumford, at three o'clock in the morning; he could not tell who he had bought them of.

PRISONER's DEFENCE.

I did not say I was coming from Rumford, I said I bought them of a man, who said he was coming from Rumford; I gave him forty shillings for them.

Court to Aldridge. What were the pigs worth? - Three guineas and a half.

I lost my horse on Tuesday, the 28th of August, from the Horse-shoe door, at Stones-end , in the Borough; when I tied him there, it might be turned of twelve at noon; I missed him in about three quarters of an hour or an hour afterwards; I generally leave it close by, though I do not immediately go to see him for half an hour, or more perhaps; it is a horse I have constantly in my business in town, and I make him fast; the same day he was brought to our house, but I did not see him till the day following, in Bow street; he was brought to our house with the prisoner on his back.

Was there a saddle and bridle on him? - Yes, that is all I know.

Court to Prisoner. How old are you? - Nine years old.

Will you ask this witness any questions? - No.

The witness says you were brought on his horse to his door the day he lost it, would you wish to ask him any question about that? - No, Sir.

Court to the Prosecutor. Did you order any body to enquire for the horse? - When I missed him, I judged he was gone to his stable, and that somebody had let him loose by way of a joke; not finding him there, I went to the field; and not finding him there, I went to the Green-yard; and while I was gone to the Green-yard, this person brought him to me.

THOMAS GREEN sworn.

I was coming through St. Margaret's church-yard, Westminster, on Tuesday, the 28th of August; I saw the prisoner at the bar on the horse; I had a suspicion it belonged to somebody, as he was at Bow-street the day before, for stealing a horse of the same kind.

Court. We must not hear that; did you stop him? - Yes, and I asked him who the horse belonged to, and he said he had borrowed it of a man on the other side of Westminster-bridge, of the name of Williams; I accordingly took him to Bow-street, and said I would go, and enquire for this Mr. Williams; I went and enquired, and could find no such person; I came back again, and told the Magistrate of it, and he ordered me to take the boy before me upon the horse, and let him shew me where he took the horse from; I did so, my Lord, and he went with me to the Borough, and shewed me a butcher's shop, and said that the horse belonged to that shop.

Whose shop was that? - It was a butcher's shop right opposite to the King's-bench.

Whose shop was it? - I do not know.

Did you enquire at the shop? - Yes, and the people said they did not know who the horse belonged to, nor did they know any thing of the prisoner; I then made him go back again the same way he came, and in going along, I heard a man say, there goes Jackson's old horse; I turned back again, and asked the man where Jackson lived, and he told me; I then went to Jackson's house, he was not at home; I saw his wife, and she said her husband was looking out for his horse all the day long; I then left orders for Mr. Jackson to attend at Bow-street next morning, which he did. I am servant to Mr. Fenwick, the keeper of Tothill-fields Bridewell; I found the boy with the horse, about a quarter after three.

Court to the prisoner. Have you any questions to ask this witness? - No.

Do you hear what the witness says against you? - No.

He says he saw you riding this horse in St. Margaret's church-yard, and that you told him that it belonged to a person of the name of Williams, on the other side of Westminster-bridge; will you ask the witness any question upon what he says? - No.

Now what have you to say in your defence? - Nothing, Sir. (Crying.)

Foreman of the Jury. Could any body ask what he meant to do with the horse.

Court. The misfortune is, that question cannot be asked, because it tends to criminate him.

I have known the prisoner at the bar for these two years; his parents are labouring people, and used to leave his victuals with me; I never heard any thing, but an honest character of them; they live in Prince's-street, Westminster.

How came he not to be with them? - Because they go out to work every day.

Where do you live? - I keep a chandler's shop, in Tothill-street.

How far is that from the father's? - It may about three hundred yards; they all bear a very good character; I never heard the boy swear in my life.

HANNAH BATHALL sworn.

I know the prisoner to be an honest quiet boy, and I know his parents to be so likewise.

THOMAS REEVES sworn.

What sort of a boy is the prisoner at the bar? - I never knew him do any bad misfortune before in my life; I never knew him do any thing wrong, or any bad in my life.

What are you? - A day labouring man.

Now if he should be acquitted, will you take care that he shall not run about the streets? - I will; he always behaved as a good boy hitberto, and always bore an honest good character; his mother goes out a washing, and I go out a day labouring.

Mrs. Bathall. I will take care of the boy.

Court. Gentlemen of the Jury; to convict this boy, he must have taken this horse with an intent to convert it to his own use; it is one thing, to take property for the purpose of selling it, and converting it to the use of the person who takes it; and another thing to take a horse in a boyish way for the purpose of riding.

680. CHARLOTTE WALKER was indicted for stealing, on the 13th day of August , one piece of silver coin, called a crown piece of the value of 5 s. and 8 s. and 6 d. in money , the property of John Grimes .

681. ABRAHAM EDFORD , JOHN MURPHY , and JOHN KIRBY , were indicted for stealing, on the 31st of July , one flowered cotton gown, value 5 s. and one cotton bed gown, value 1 s. the goods of persons unknown.

cannot recollect the day of the month; I had a small bamboo stick in my hand; a man behind me trod upon it; I did not particularly notice his face, but I saw he had a blue apron on; he picked the stick up, and put it into my hand, and said he hoped he had not hurt it; I suspected something, and immediately told him he had not; I was going on, and somebody hallooed out, your pocket is picked; and there was a cry of stop thief; I followed the rest of the crowd, and this man was given to me as the prisoner that had taken the handkerchief; the handkerchief was put into my hand by a person of the name of Thomas Boyd , who is here, and I was desired to take him to the office, which I did, and he was examined, and committed; and Thomas Boyd , who took the handkerchief from the prisoner, went with me.

THOMAS BOYD sworn.

I was in High-street, St. Giles's, at the time, on the opposite side of the way, and I saw the prisoner at the bar take the handkerchief out of the gentleman's pocket; I went and told the gentleman his pocket was picked, and he was pursued, and in Stacy-street he dropped the handkerchief, and I picked it up; Mr. Hughes has it; during the whole time the prisoner was never out of my sight, and I am sure he is the man, and that is the handkerchief.

Court to Hughes. Is that the handkerchief the witness Boyd gave you? - It has my mark on it, and it is precisely the sort of handkerchief I wear.

PRISONER's DEFENCE.

I was going to High-street, St. Giles's, and I heard a cry of stop thief; I joined in running with the rest of the mob, and was stopped, and taken up as the thief.

684. THOMAS RILEY was indicted for stealing, on the 16th of July , a cotton shirt, value 4 s. and a linen shirt, value 3 s. the goods of William Jayes .

JANE DOLMAN sworn.

I took the clothes out of the prisoner's lap in my master Mr. Jayes's yard; it was on the 16th of July; between three and four in the afternoon, the linen was hanging on the lines in the yard to dry, and had been there sometime; I was in the kitchen, washing, and the door was open, and I saw him coming from the yard with these things in his lap; the passage faces the kitchen door; I took hold of his coat, and bid him stop, and followed him into the kitchen, and took the clothes from his lap, and throwed them down on the kitchen stones.

(The property produced, and proved by the witness.)

WILLIAM JAYES sworn.

This is my property, one is marked I. No. 6. and the other is William Jayes at full length.

685. GEORGE STONE was indicted for burglariously breaking and entering the dwelling house of William Davis , on the 9th of August , and stealing therein, two linen sheets, value 6 s. the property of the said William Davis .

WILLIAM DAVIS sworn.

I lost the sheets mentioned in the indictment, but I did not detect the prisoner, my wife did; I saw him go up stairs, on the 9th of August; I live at No. 5, Goodwin's-yard, in the Minories .

What time of the day was it? - Between the hours of one and two.

What else did you see? - I did not see any thing more; my wife will give you an account of what passed afterwards; I did not suspect him, because I thought he was going to the person who lodges up one pair of stairs.

MARGARET DAVIS sworn.

It was past one when I heard a great noise.

Do you know what day of the week it was? - Thursday, the 9th of August, I went up one pair of stairs, I found the door fast; I went up to the two pair of stairs, and I found that door fast; I was going up the other pair of stairs, and I met the prisoner coming down with a pair of sheets in his hand; as soon as he saw me, he dropped the sheets behind him, and wanted to sit down, I would not let him; he appeared to me to be very ill, or drunk, or something.

Who lived up three pair of stairs? - Nobody; my husband and I slept in that room.

Produce the sheets.

(The sheets produced.)

Are those the sheets you took up, and that you saw the prisoner drop? - Yes.

Are they your sheets? - Yes.

Where had they been? - This sheet lay on the bed the night before, and this sheet lay at the bed's foot.

When had you seen them last? - I left the room about ten in the morning when I came down with some soul clothes.

Did you go up stairs after you had found the sheets on the stairs? - Yes, immediately after, and I found the room door burst open, and all the things strewed about the room.

Are there any particular marks on those sheets? - No.

Then how do you know them, any further than by meeting the prisoner upon the stairs, and finding the sheets there? - When I went up stairs, I missed them from the bed, and he left the under sheet lying upon the bed, he did not take that off.

Then you found the under sheet on, but the upper one was gone? - Yes.

How could any body get in? - I locked the door and laid the key on the chimney-piece in the kitchen.

Was the door open when you went up? - The hinge of the door was broke off, and the lock was still on.

Did you see the sheets in the prisoner's hands? - I saw them dropping behind him at the time; I knew he had broke the door open when I saw the sheets.

Was the noise you heard, like the noise of breaking open a door? - Yes.

Had you any marks on those sheets? - No marks, but when I saw them I knew them.

Can you take upon you to swear with certainty that they are your sheets? - My husband has some cloth of the same.

Jury. There can be no doubt about it.

Prisoner. I was not in my senses.

He says he was not in his senses; you say he appeared as if he had been drinking or something like that? - He did, and he seemed to sit, but I would not let him.

Did you speak to him? - I told him directly I saw him, that he broke the door open, and he said he wanted to go to sleep.

Jury. Had you ever seen him before? - Never in my life.

ANN COOLEY sworn.

As I was going out between one and two; I saw a man standing at a distance from the door; when I came home I heard a noise up stairs, and presently I saw my landlady and the prisoner coming down stairs, and she had hold of him by the lap of his coat, she asked me if I knew him; I told her I had never seen him before that I know'd of; I asked him what business he had up stairs, and he said he come to put up the heel of his shoe; I told him it was very odd for him to come there to put up the heel of his shoe, and he must have come there on some other business; and then he said he came to seek his sister.

Had he any sister there lived thereabouts? - No.

What else passed? - I asked him his his sister's name; when I asked him that he could not give any answer, and he said he wanted to sleep, then there was no more passed, then Mr. Davis detected him.

Did he appear drunk, or mad, or insane? - He rather appeared in liquor.

PRISONER's DEFENCE.

I was very much in liquor and don't know what I did; I happened to be at the prosecutor's house, and had got a little beer more than ordinary; and as I was coming along, I saw a man come out of this house and drop a bundle, and I went and picked it up, and tumbled down in the entry: I work for Mr. Felton of Highgate; I have got a wife and five small children; I never did such a thing in all my life; I always work'd hard for my bread, and never did such a thing since I was born.

will and testament; purporting to be the last will and testament of James Mitchell , late a marine on board his Majesty's ship, called the Triumph, and to have been signed and sealed by the said James Mitchell , and to bear date the 17th of March, 1781, whereby he the said Richard Ramsbottom made himself sole executor, and legatee, of all wages and prize money due to him, the said James Mitchell, at the time of his death, with an intent to defraud the king , and John Mitchell , the brother and next of kin of the said James Mitchell .

(There were three other counts laying this matter in different ways)

(The indictment was opened by Mr. Fielding; and the case by Mr. Silvester.)

THOMAS FLETCHER sworn.

(Produces the will from the Prerogative-office.)

I am a clerk in the Prerogative-office, Doctor's commons; I have the will in my hand; I brought it from the record-keeper, in the Prerogative-office, out of the proper place, where it is lodged in the Prerogative-office. (The will put in.) A probate was granted upon that will; here is the probate book; here is a book which contains the minutes of the court; I am the person that takes charge of this book; I enter the minutes in it; I enter the causes.

Mr. Fielding. What do you call that book? - This is called the assignation book in which all causes are set down that come before the Judge, and the register.

Is there any other record than that entered in that book? - No.

That is the record of the office? - Yes.

Then is that book the proper record of such proceedings? - Yes.

Is there any other document whatever that appears to be the record of that court but that book? - No.

Court. It is the only record of the proceedings in the court in those causes? - Yes. -

Mr. Shepherd, Prisoner's Counsel. You do not write the minutes? - No.

Are the minutes when entered signed by any body? - No, they are not.

Then in fact the minutes made in that book, are made by somebody at the time the Judge is present? - Yes.

Whether they are taken faithfully or, not, you cannot tell? - No.

Court. Is that the book in which they are always entered? - Yes.

There is no other? - No.

Are you keeper of the book? - Yes.

Is it a genuine book, and does it remain in your hands unaltered? - Yes.

Court. Then credit is due to it.

Mr. Garrow, another of the Prisoner's Counsel. Is not there a rough book from which that is transcribed? - Not transcribed, there is a rough book which I keep myself.

The register sits in court, and takes the direction of the Judge? - Yes.

Do you enter that direction into any other rough book or that? - No, I enter it in this book, and no other.

Mr. Fielding. Turn to the record of the probate having been granted, and the revocation, and point it out to the officer that he may read it.

[The record of the probate of the will of James Mitchell , having been granted to the prisoner, read; and also the record of the revocation of such probate, in a cause of Mitchell against Ramsbottom, read; whereby it appeared that such probate was revoked and declared null and void, for default of Ramsbottom's appearance, as having been surreptitiously, and on false suggestions obtained.]

THOMAS MITCHELL sworn.

Mr. Fielding. In whose office are you? - I am in the office of Bishop, son and Wheeler, in Doctor's-commons; I have lived there some time, nearly two years and a half.

This jurata is my writing; I perceive there is a mistake in the year; it is dated the 25th of January, 1785; at that time I was not at the office; it must have been intended to be 1786.

That is not material; do you know the prisoner at the bar? - Yes.

Who brought that will to the office? - I believe the prisoner himself, as far as I can recollect.

Do you believe that is the man that brought that will? - I do believe he was.

Does your memory serve you to state any circumstances that passed at the time he came there? - Yes, I beg to relate the circumstance; on seeing the name, I searched the books.

Court. You must not tell us any thing about that, the books will speak for themselves.

That is your jurata, and you believe the prisoner at the bar brought that will to the office? - I do.

For what purpose was it brought by him? - To be proved.

Do you recollect his taking the oath, and going before the commissary? - I recollect his being sworn before the proper officer Doctor Harris .

Court. Did you go with him? - I did.

Have you any doubt whether the prisoner is the man? - None at all, my Lord, he was the man.

(The will read.)

(It was witnessed by John Hickford and Daniel Wheatley , dated the 17th March 1781.)

WILLIAM LONG sworn.

Mr. Silvester. What are you? - I am a writer in the Adjutant of Marines Office.

Have you the books of the division? - I have some of them.

Produce what you have got. - (The books produced.) - This is the division-book of persons inlisted in that division of marines.

Court. What does that book contain? - It contains the time of the person's inlistment, his name, his age, his size, and where he was born.

Is that always entered when man inlists? - Yes, it is a description taken at the time of enlisting before the magistrate from the attestation.

Mr. Shepherd. Who makes that book? - It is a record signed at the head-quarters, and the entry is made from the attestation.

By whom? - By the clerk in the adjutant's office.

What becomes of the book afterwards? - It is kept in the office of the adjutant.

From the attestation? - Yes:

What becomes of the attestation? - That is kept in the same place.

By whom is the transcript made? - By any clerk in the office.

Mr. Garrow. The original is still preserved? - Yes.

Mr. Fielding. What is the description? - He is entered by the name of James Mitchell , to have inlisted the 27th of January 1779, aged twenty-three years, five feet six inches high, said to be born in Bristol in the county of Gloucester, a saddle-tree-maker by trade, and inlisted in Ireland on that day.

Can you tell on what ship he went on board? - I can tell but not by this book; I can tell by the embarkation-book; here is the embarkation-book which is kept in the same office, and an embarkation list is given on board with him.

Court. Is it a book officially kept? - Yes.

Where is that entry taken? - From the embarkation list.

Then it is taken before the list is sent? - Of course; he appears by this book to have gone to the Triumph, on the 26th of April 1779.

Read the entry. -

" James Mitchell of the 118th company, embarked the 26th of April 1779, on board his Majesty's ship the Triumph."

Is there any other James Mitchell in the same division? - Very possible there might, but not in the same company.

Does it appear from the entry what company he belonged to? - Yes, the 118th.

Does it appear from the other entry what company he inlisted in? - They don't enlist in companies at once; they enlist first, and are put into companies afterwards.

How does it appear that he was the same James Mitchell ? - Because he was put into that company when he came to Portsmouth.

Now is there any description of James Mitchell in the second book? - No.

Then how do you know that that is the same James Mitchell that enlisted in Ireland, and afterwards entered in the 118th company? - Because there was no other James Mitchell in that company.

How do you know that he did not enter into another company? - Because there was no other.

Mr. Fielding. Is there any other entry of any other James Mitchell ? - There may be; but it appears that there was no other James Mitchell in the 118th company.

HENRY HUNTER WILLIAMS sworn.

I am a clerk in the Navy Office; here are the books of the Triumph; it appears by this book, that a James Mitchell is entered on the 27th of April 1779.

Does it mention of what company? - Not in this book; it appears he entered at Portsmouth.

Mr. Silvester. What became of him? - He was discharged on the 31st of July 1781 to the Centaur: I do not not find any other James Mitchell.

Produce the books of the Centaur? - (The books produced.)

Mr. Shepherd. He was discharged from the Centaur abroad? - I don't know.

The original books of the Centaur are not in being are they? - The books down to a certain period were lost with the ship; he appears to have entered on the 1st of August 1781, on board the Centaur as corporal; the entry is, James Mitchell of the Triumph, corporal of marines, entered on board the Centaur the 1st of August 1781; dead the 13th of March 1782, at St. Lucia.

Mr. Silvester. That was before the loss of the ship? - Yes.

Were there any wages due to this Mitchell? - Yes.

How much? - For the Triumph about eleven guineas I suppose; I don't speak with exactness: for the Centaur 4 l. 18 s.

Were they paid? - They were paid on the 13th of February 1786, to George Down for Richard Ramsbottom .

Do you see the name of John Hickford in the Triumph's books? - Yes.

Now what was he? - He was a marine, a private; entered on the 24th of March 1779, on board the Triumph, discharged the 31st of July 1781; he likewise went to the Centaur.

Now look at the Centaur's books, and see what became of him there? - It appears he was sent sick to New York Hospital on the 22d of November 1781.

Is there any other John Hickford besides? - There is no other marine of the name of John Hickford .

- LLOYD sworn.

I am a clerk in the sick and hurt office; I have the books of the hospital at New York; John Hickford appears to have been sent to the hospital the 21st of November from the Centaur; he is stated to be a marine; he was discharged the 7th of May 1782, to the Betsey and Polly as an invalid, unserviceable.

Court. Is there any other John Hickford on the hospital books at the time? - No.

Mr. Silvester to Mr. Williams. Now read the entries from the Triumph's book and the Centaur's, with respect to Daniel Wheatley ? - Daniel Wheatley; a marine

from the Triumph, appears to be entered on the 10th of October 1779, and discharged on the 31st of July to the Centaur; in the Centaur's book, he is entered as coming from the Triumph, on the 1st of August 1781, a private marine still; and appears to have been lost in the ship.

Mr. Fielding to Mr. Lloyd. Now Sir, turn to the book of the sick and hurt at St. Lucia, on the 12th of March 1782? - The 6th of March 1782, James Mitchell , a corporal of marines from the Centaur, appears to have been brought into the hospital, and it appears that he died on the 12th of March following.

Mr. Silvester to Mr. Williams. Now let us know what the prisoner was? - Richard Ramsbotton appears to have been entered on board the Triumph, on the 7th of February 1780, as corporal of marines and private; he entered private on the 1st of May 1780, and was discharged on the 26th of March 1781, to the Barfleur; I find no other Richard Ramsbottom ; he is entered on the 7th of February, and put corporal the 1st of May following, then the word private is wrote afterwards.

WILLIAM PARSONS sworn.

Mr. Fielding. Did you know James Mitchell who served as a marine on board the Triumph? - Yes.

Where did you know him? - In Bristol.

What time did he enter on board the Triumph? - I can't tell upon my word, he was apprentice to me.

What did he leave you? - As near as I can recollect about seventeen years ago.

What trade are you? - A saddle-tree-maker.

Where do you live? - In St. James's parish in Bristol.

Is it in the county of Gloucester? - No, it is in the city of Bristol.

There is a parish in the city of Bristol, which is in the county of Gloucester, besides that of St. Philip and St. Jacob? - No.

How do you know he ever served as a marine on board the Triumph? - I was informed so by a gentleman.

Mr. Shepherd. Don't tell us what you were informed, it is not evidence.

Then you only collected it from hearsay? - No.

Did you know any of the relations of this man? - I knew all of them; his father work'd with me as a journeyman; I knew all his brothers and sisters; there was Elizabeth was the first, Abraham was the next, and the next was John; there were two brothers and three sisters; I knew them all, they were all born next door to me, so that I must know them all.

Where are they now? - Many of them are now here; those people that are now here are relations of the James Mitchell that served on board the Triumph? - Yes.

Have you seen James Mitchell write? - Yes, frequently.

Have you seen him write so often as to be able to say on looking at any writing; whether it be his or not? - I believe I can.

Is that his writing? (Shewing him a letter.) - Yes, I believe it to be the handwriting of James Mitchell that was my apprentice.

Now look at this likewise? (Shewing him another letter.) - I believe that to be the same.

You believe that these two letters were written by James Mitchell your apprentice? - Yes.

Mr. Shepherd. You say it is seventeen years since he left you? - Thereabouts.

Did he live at Bristol long afterwards? - No, he went away from me directly; he ran away from me in his apprenticeship.

Then you have not seen him since? - No, I have never seen him since.

When did you first see that paper? - I have not seen it since Mr. Knight shewed it to me.

When was that? - Last Monday.

Do you mean from recollection after seventeen years to swear to a man's handwriting?

Do you mean now to state to the Jury that after an absence of seventeen years since your apprentice left you, you can take upon your oath to say, that you believe that to be his hand-writing? - No, I will not take it upon my oath.

Do you mean to say that you venture to believe it to be his hand-writing after an absence of seventeen years? - Yes, I do believe it.

Have you any belief about it? - I have, I hope.

What is there particular about it that induces you to believe it; how long was he your apprentice? - Three years and a half.

How long since have you seen any of his writing? - Never since; I don't know that I have seen any of his writing ever since.

Have you look'd at any of his writing ever since? - No further than his indenture.

Then you have been comparing it I see? - I saw it together.

Now, Mr. Parsons; if the letters had been put into your hands by an indifferent person without seeing the name, and you had been asked whose writing it was; do you think you could have formed any belief about it? - Without seeing the name I might not.

Then of course, all your belief is, because the name is James Mitchell ? - Because it is like his letters; I know his hand-writing very well.

If the letter had been put into your hands without seeing the name, and without being told that it referred to James Mitchell , then you could not have formed any belief upon the subject? - I can't say that.

Mr. Field. Do you believe now, for that is all you can say upon looking at that letter; that it is the writing of James Mitchell ? - I do absolutely believe it to be his handwriting.

Court. Do you recollect what age he was? - I take him to be about fourteen years old when he came apprentice to me, and he served me about three years and a half.

Then he must be about eighteen when he left you? - Thereabouts.

MARY MORGAN sworn.

I know James Mitchell , he was my brother; I am a widow.

(The evidence of the witness was objected to on the ground of her being interested, and an assignment of her interest from her to her brother John Mitchell was put in.)

Mr. KNIGHT sworn.

I am a witness to this assignment; I asked Mrs. Morgan if she would give up all claim to her brother's estate; she said yes, for she never expected a shilling of her brother's estate; that is her hand-writing, and that is mine.

(The Assignment put in.)

Mr. Shepherd and Mr. Garrow objected to the assignment; and insisted, that she ought to have released, but the Court over-ruled the objection.

Do you know what became of him? - Yes; I know that he entered as a marine in Ireland.

What became of him after that? - He went abroad.

How do you know that? - From his letters.

Have you the letters about you? - No.

[The letters from James Mitchell the supposed testator, were offered in evidence; upon proof that it was the hand-writing of that James Mitchell , who was apprentice to Mr. Parsons the saddle-tree-maker in Bristol; but they were rejected by the Court; unless a witness could be produced to prove, that they were the hand-writing of that James Mitchell who was a marine on board the Triumph: It was allowed by the Court, that they were sufficient to prove that James Mitchell

Look at that will, is it your brother's hand-writing? - I have often seen him write; it has not the least likeness; I have seen him write frequently; it is not at all like his writing.

Mr. Silvester to Mr. Parsons. Is that the hand-writing of James Mitchell who was apprentice to you? - No Sir, I believe not.

Court to Mrs. Morgan. When was the last time you saw your brother James? - It is sixteen years ago.

Do you recollect where that was? - It was when he was serving his time with Mr. Parsons; I never saw him afterwards.

Do you know about what age he was when he left Mr. Parsons? - He was between seventeen and eighteen.

Court to Parsons. Did you live in the parish of St. James, Bristol? - Yes.

Did you live in that parish at the time he was apprentice to you? - Yes.

That parish is not in the county of Gloucester, but the parish of St. Philip and Jacob is in the County of Gloucester? Yes.

That lies, if I am not mistaken, on a different side of the water from St. James's parish? - There is a water parts the parish of St. Philip and St. Jacob, and the parish of St. James, but it only divides the parishes, it don't divide the county and the city.

Is there a distinction between the two parishes? - There is the old and the new parishes.

One of which is in the city of Bristol, and the other in the county of Gloucester? - Yes.

Does the parish of Saint James join to the parish of St. Philip and Jacob? - No, there is a little river of water that parts it altogether from the parish of St. Philip and Jacob: I live just by St. James's Church.

Do you know any distinction between the out and the in-parish? - There is some part they call the out-parish now, in which they are going to erect a new church and call it St. Paul's.

EDWARD COULSON GREVILLE Esq; sworn.

I know the parish of St. James in Bristol; some part is in the county of Gloucester.

Court to Parsons. Was your apprentice of full growth when he left you? - Yes.

How tall was he? - About five foot six or seven inches high, I believe.

JOHN HICKFORD sworn.

You were a marine on board the Triumph? - Yes, Sir.

At what time? - I can't speak to the time, I went on board her at Chatham.

What year was that? - I can't tell.

How many years is it ago from this time, as near as you can guess? - Six or seven years perhaps.

Where did you go to from Chatham? - I went to the West Indies.

When was you discharged from the Triumph? - I was discharged from the Triumph; I was drafted from the Triumph at the time, and I went on board the Centaur.

You were a marine on board of those ships? - Yes.

Did you know the corporal of marines on board those ships? - One James was corporal, but he is dead, he died at St. Lucia.

Did you know any other name he went by? - No.

Could you ever read or write in your life? - I never could.

Did you ever make any mark to any thing? - No.

Was you ever asked to witness any power of attorney and will? - No, never in my life.

Court. Did you know when you entered on board the Centaur? - I can't tell.

But I am asking you as to the Centaur, you entered on board the Centaur in the West Indies? - No, in America.

Did you come back to the West Indies in the Triumph? - No.

You went to America in her? - Yes.

What part of America? - Long Island.

There you were discharged from the Centaur? - No, I came home in a merchantman.

Were you ever on board the Centaur, and when? - Yes, I was on board.

Where did you go on board her, and when? - I was drafted from the Triumph to the Centaur; I was at the West Indies when I was drafted.

In what ship? - I don't know in what ship.

Then after you went on board the Centaur, where did you go to? - She went to America, to New York.

What became of you at New York? - I went to the hospital.

How did you come home? - In a merchant ship.

What was her name? - I can't recollect.

How long were you in the hospital? - I was there near eight months.

It was at Chatham you went on board the Triumph? - Yes.

You failed directly to the West Indies? - We stopped at the Cove of Cork.

Did you stop at Portsmouth or Spit-head? - I believe we did, but I will not be sure.

Do you know whether you made a direct run from Chatham to the Cove of Cork, or whether you stopped any where? - I forget now.

Can you tell how long it is ago? - No, I cannot.

Court to Williams. Read this man's description again.

(The description read again, and the name appeared to be John Ichford , instead of Hickford read before by mistake.)

What is this man's description in the book? - It is John Ichford , instead of Hickford; this is the muster-book, the other is the pay-book; one is a description of the company, the other is for the payment of the wages.

In that book as well as this, there is a column of the same nature? - Yes, it is supposed to be a continuation of the entry.

Does it appear from these books where the ship is at any particular time? - Some times it does.

Can you tell where the Centaur was on on the 1st of August 1779? - She appeared to be in St. Eustatia Road.

Have you examined the books of the Triumph, to see if there was any man on board the Triumph of the name of Hickford besides this Ichford? - There is no man of the name of Hickford.

Is there any other of the name of Ichford? - No, there is not.

Is there in the Centaur's books, any other of the name of Hickford or Ichford? - No.

Court to Hickford. This James on board the Triumph was a corporal? - Yes.

Was he corporal on board the Triumph, or only on board the Centaur? - No, he was not on board the Centaur at all.

Then he did not go on board the Centaur with you? - No, he died in the West Indies in St. Lucia harbour.

What ship did he belong to at the time? - He belonged to the Triumph at the time he died.

Then James the corporal never served with you on board the Centaur at all? - No.

You are sure of that? - Yes.

Then he did not go with you from the Triumph to the Centaur on the 1st of August, that James the corporal? - No.

You knew him pretty well? - Yes, Sir.

Was he corporal in the same company with you? - No, I did not know him before he came on board.

What company did you belong to? - I forget what company I belonged to.

But James was one of the corporals on board the Triumph? - Yes, I am sure of that.

How many corporals were there on board the Centaur? - About two or three.

Was James one of them? - No.

Are you sure of that? - Yes, he died before he left the Triumph; I was his messmate when he died.

Are you sure he died before you went on board the Centaur? - Yes.

That you are most sure of, whether your memory is good or bad? - Yes.

Do you remember any man of the name of Mitchell on board either of the ships? - No, I did not know him.

Court to Williams. Was James Mitchell a private on board the Triumph? - He was a private on board the Triumph, and then discharged and entered as corporal on board the Centaur.

Mr. Fielding to Hickford. Do you know the prisoner at the bar? - Very well.

Was he on board the Triumph? - Yes.

Do you know any thing of him within these few years past? - No, Sir, I was discharged.

In what capacity was he on board that ship? - He was corporal of marines.

Were you well acquainted with him on board? - Never much acquainted.

But you are sure he was the man? - Yes.

Did he happen to know whether you could write or read or not? - I don't know that he did.

You don't know whether he knew that or not? - No.

EDWARD HATTON sworn.

Mr. Fielding. Do you know John Hickford ? - Yes.

Can he either read or write? - Not to my knowledge.

How long have you known him? - About twenty-eight years.

Sir SAMPSON WRIGHT sworn.

Mr. Fielding. I believe you have happened to see the prisoner at the bar before this time? - I have.

Do you remember when you did see him, whether Hickford was present? - Yes.

When was this? - I can't speak exactly.

On what occasion was it? - He was brought before me as a magistrate, and Hickford was there.

Mr. Garrow. Were there minutes taken in writing? - I dare say they are in court.

Mr. Garrow. If not, I must object to your giving any parol testimony of what passed before you.

(The minutes produced.)

Were those minutes made by you or by the clerk? - By the clerk.

And signed by you? - Yes.

Mr. Garrow. Then I object to their being read, unless the rough copy made by the clerk is produced.

Mr. Fielding. Did he sign the examination? - He refused to sign it.

Court. In what way was the examination taken? - It was an examination not only of the prisoner, but the witnesses; and I asked the prisoner if what he said was true; he said yes, it was true, but that he would not sign any thing.

(The Court ordered the rough minutes to be sent for, which was done.)

JOHN GALE sworn.

Mr. Silvester. Look at that will, Mr. Gale, what are you? - I am an engraver; I live in Crooked-Lane.

Look at that will, to see whether that paper is not made from that plate? - I should rather suppose it was.

What makes you rather suppose it was? - From the impression that the plate makes; here are some marks in the plate which correspond with the will.

Are you able to say for a certainty that that will was made from that plate? - It

appears so, but it is possible to engrave a plate exactly like it, to make the same impression; provided they have the original to do it by.

You could no doubt copy that plate exactly on another plate? - Yes.

Is there any thing particular in that plate which corresponds with the will; are there any flaws in it? - Here is a mark or dent near the word executor, which seems to have happened from the stroke of some hard tool.

Are there any flaws in that plate which appear on the will? - There is one which I have told you near the word executor.

When was that plate engraved? - I can't tell.

When did you repair it? - I can't take upon me to say, but I repaired a plate for Messrs. Mount and Page, on the 2d of April 1783.

Now look at that plate, and see if you repaired that plate? - That is impossible for me to say; it was not my graving in the beginning, and therefore I can't swear to another person's work: I repaired a plate, but I can't take upon me to say that that was the identical plate; I remember one circumstance which refreshes my memory, there was to be some alteration in the motto, but I can't take upon me to say what the alteration was.

Do not you know what the alteration was? - It is a Latin motto, and perhaps it might be in the word officii, but I cannot take upon me to say what the alteration was.

Do you recollect in that plate, whether you made any addition to that part or not? - I know there was some alteration, but I can't tell what the alteration was.

Are you, as an engraver, able to say, whether from the examination of the plate, and the examination of the will, that the one is a copy of the other? - I take it to be so; I should rather believe so; it appears to be so.

Does that appear to be an impression from a new plate, or a repaired plate? - This appears to be an impression from a plate that has been repaired.

And the plate that you repaired was in 1783? - Yes, on the 2d of April 1783.

Mr. Shepherd. The forms of all appear to be the same? - I believe they are nearly.

Most capital stationers have a plate? - Yes.

And the form of each of them is the same? - I should rather suppose so, but I cannot immediately say so.

Court. What flaw is that you speak of? - If you observe, my Lord, it is between the word executor and the word of; there appears to be a small scratch; I doubt very much whether it would print now; I rather think it is too shallow; on looking at it again, I take notice that my mind is refreshed by some alteration; the word officii is made officie.

On comparing this plate and the impression together, I should conceive that there can't be much doubt, whether that is an impression from that plate or not? - I firmly believe it is.

Is there any doubt about it? - None, but that it is possible to make one so near as to be exactly alike, and to do that, it would be necessary for me to have the plate before me.

If you were to copy the plate as an engraver, would you copy the flaws? - Most certainly not, without they were directed to be done so.

From what inspection of that plate can you collect, that that is a repaired plate? - The work is not so clear; there are several things in it, which I, as a professional man, could point out clearly; but, which it would be difficult for me to make your Lordship understand.

When a plate is once repaired, they work them down as long as they can before they are repaired again? - Yes, you can plainly see that that plate is much worked down.

May not a person work an original plate as much down before they repair it? - To be sure.

those particularities in the plate arise from its having been much used, or from its being repaired? - It may be seen from the hollows that it lies in, that it is a repaired plate.

I should be glad if you would point out to me and the jury, how you know that is a repaired plate, so as to make us understand it? - From seeing the plate, it is very plain that the letters lie in those hollows, which could not have happened, unless it had been worked down and repaired; it is done by the wipe of the hand in printing; if you look at the letter S. in the last word before the blanks, that never could be graved so in the beginning.

Why do you conceive that never was so graved originally? - Because no professional man would turn it out of his hands in that manner, and it is impossible that the plate could have been in the manner it now is, unless it had been repaired.

Upon the whole then, you believe with certainty that that plate has been repaired? - I firmly believe it.

Mr. Shepherd. Whether this is the plate you repaired, you cannot tell? - I cannot.

Any other plate in the same state would give the same impression? - Yes.

A great many stationers have plates? - Almost every capital stationer has a plate of the same kind.

JAMES DAVIDSON sworn.

I live with Mount and Page, stationers, on Tower-hill.

Do you know that plate? - I brought it here to-day.

Whose is it? - It belongs to Mount and Page.

Do you know when it was repaired? - I know we had one repaired in 1783.

Had you any other? - No, I believe it is the same plate.

Court. What reason have you for believing it is the same plate? - Because we have no other plate than this, and it is always left at the printer's.

So whether he has returned you the same plate or not, you can't tell? - That I can't tell; I suppose he has; I give him the paper out to print upon.

I suppose all capital stationers have plates of the same kind? - Yes.

Now suppose ten or a dozen different stationers sent paper, and sent their plates at the same time; is it at all unlikely that the printer may return not the identical plate, but another plate exactly alike? - I have never had any reason to think so; the plate is not returned at all; this plate has been in the possession of the printer ever since it was repaired.

Who is your printer? - Mr. March.

Where does he live? - On Tower-hill.

Is he here? - No.

Court. Then it is no evidence; when did you have it from him? - Two or three days ago, and last this morning.

Mr. Silvester. You took the plate from Mr. Page's to Mr. Gale's to be repaired? - I suppose I might.

What was the alteration to be made in it?

Mr. Shepherd. Did you give the directions yourself? - No, I gave no directions.

Court. Mount and Page had the plate repaired in 1783? - I know it from the book; I know it from nothing else.

Where is that book? - The book is here.

Mr. Shepherd. Is the entry your own? - No, it is not.

Court. Do you know whose writing it is? - I am not quite certain.

Mr. Garrow. Then it goes for nothing.

Mr. Silvester. Look at that plate, does that appear to be your plate? - I have no reason to doubt, I believe it is.

Mr. Shepherd. Have you any other reason to think it is your plate, than because it was sent to the printer's, and not returned? - No other reason.

Court. It has been above three years at the printer's? - Yes, since April 1783.

Then what reason have you to suppose that is the same plate that went to the printer's at that time? - I firmly believe it.

Mr. Silvester. Are they alike, these wills; does every stationer have them exactly alike? - No, I have seen different ornaments; some with a ship at the top, some one way and some another.

Mr. Garrow. Suppose you were to see several bundles of wills at the Lord Mayor's Office, would you be able to pick out Mount and Page's? - No.

JOHN FRODSHAM sworn.

These are minutes taken by me at the time of the prisoner's examination, before Sir Sampson Wright and the prisoner: -

"Ramsbottom says, that the will now produced,

"signed James Mitchell , dated

"the 17th of March 1781, and witnessed

"by John Hickford and Daniel Wheatley

"is the same will, that he, this examinant,

"proved before Sir George

"Harris, the surrogate at Doctor's Commons,

"on the 25th of January 1785;

"that he was a corporal of marines on

"board the Triumph, that he went on

"board her on the 16th of February 1780,

"and that on the 26th of March 1781,

"he went on board the Barfleur, where he

"remained for a few days, when he was

"sent to Long Island; that James Mitchell

"being indebted to him for mutton,

"bread, and other necessaries, sold him

"while at Portsmouth, and for money

"lent in the West Indies, amounting to

"about three guineas; he proposed to

"execute the said will in favor of him

"this examinant, on board the Triumph

"while she lay in St. Lucia harbour, on

"the 17th of March 1781, which he did;

"that William Baker and several other

"persons were present at the execution

"of the will; that Baker filled it up by

"the direction of Mitchell, and that John

"Hickford and Daniel Wheatley were

"present at the execution of the said will,

"and signed their respective names thereto;

"and that the said James Mitchell did

"sign and execute the same; that he

"has no knowledge from what country

"Hickford comes; but has been informed

"by Adjutant Martin, that he came

"from Little Brickhill in Bucks; that

" Daniel Wheatley came from Kilkenny

"in Ireland; that no other person of the

"name of John Hickford was on board

"the Triumph at the time; and that

"the John Hickford now present, and

"brought before this examinant, is the

"identical John Hickford who witnessed

"the aforesaid will."

Court. That was taken from the prisoner himself? - Yes.

And afterwards copied, and signed by Sir Sampson Wright? - Yes.

Court to Sir Sampson Wright. Can you undertake to say, that the witness John Hickford produced to day, is the same John Hickford that was present at the time of the prisoner's examination? - I am certain of it.

Court to Frodsham. Is he the same John Hickford ? - I have no doubt of it.

Mr. Garrow to Sir Sampson Wright: When this man was brought before you, he was charged by Mr. Knight, the solicitor to the Admiralty, with having forged this will? - Yes.

Did Mr. Knight attend? - He did.

He was charged with an offence supposed to have been committed in the city of London, as appears by the proceedings to day? - Yes.

He was not charged with any offence stated to have been committed in the City of Westminster, or the county of Middlesex? - None at all.

Do you know whether he had been charged before the chief magistrate of the city of London and discharged? - I really cannot recollect that particular.

Court. Do you know it of your own knowledge? - No.

Do you know how he happened to be brought before you? - I do not.

Mr. Knight examined by Mr. Shepherd. When did Ramsbottom first apply to you? - Some time in the course of last summer, I believe.

He applied to you, I believe, to know the reason of the stop having been put upon him? - Yes, he came to me about it.

I take it for granted, you informed him there was a stop? - He understood that.

Did you tell him on what account the wages were stopped? - I do not recollect I told him whether the will was suspected to be forged, but I gave reason to understand that there were suspicions which prevented the payment of the money, but I did not give him to understand that in words.

He applied to you several times after this? - He might be with me several times afterwards, but I cannot speak to the number, three or four I believe.

Did not Ramsbottom understand from what you said, that there were suspicions that the will was forged? - No, I cannot say that he understood that any body suspected a forgery.

Did not he offer to give you all the satisfaction he could? - He alledged it was a genuine will.

Though he must have understood there were some suspicious about the forgery? - I suppose so, I cannot say what passed in his mind at the time.

He came to you several times afterwards? - Yes.

I believe Mr. Knight, he was a little turbulent the last time? - I cannot say he was; he was rather noisy.

How long was it between the first application and the last? - I am not capable of answering that.

Was the last application before or after he had brought the action against the treasurer of the navy? - He brought his action in Trinity term.

How far did the action proceed before you ever thought of making a charge against this man? - I believe it was in Michaelmas term following, that the charge was first made.

Had not time for pleading expired, and time been granted you by his attorney to plead before this charge was made? - No, to the best of my recollection, the charge was made before the rule to plead was out.

Had not Mr. Smith, the attorney for this man, given you time to plead twice before this man was charged? - No.

Had not he once? - I do not think he had; I think it was early in November, about the 8th or 9th, and that the rule was not out.

Previous to your applying to the Magistrate, you had applied to the Court of King's Bench, and obtained a rule to stay the proceedings in the action? - No, the obtaining the warrant against him, was in the beginning of November.

Was that rule obtained, before the rule to plead expired? - I think it was not.

Then with the warrant in your pocket, you went to the plaintiff's attorney, and begged time to plead, and obtained a consent for time? - Yes.

You met Mr. Smith? - I do not know that I did.

Did he consent, or was there an order for time? - There was a consent perhaps, but I do not recollect whether the time was obtained before a Judge or not.

Did not you receive a letter from Mr. Smith, giving you a second four days time to plead without going before the Judge? - I believe I might.

Did you say any thing to Mr. Smith about charging this man at the time? - I do not know that I did, nor do I know that I should; I told my opinion of the man.

You applied to the Court of King's Bench to stay the proceedings? - I did.

And the man was taken up under a warrant at the time? - About the time.

He was examined before the Lord Mayor just before the day of the rule to shew cause, and discharged by the Lord Mayor? - Yes.

And the rule to shew cause in the King's Bench was discharged? - Yes.

Now I ask you whether at the time you said he was turbulent, you had not a quarrel with him? - No.

You did not threaten to turn him out of your house? - I do not recollect that I did.

Did not you say this to him, that if he had not been an impudent man to you, the stop should have been taken off; but that you would care he should not have his wages? - Never.

Do you deny that upon your oath? - I do, I might tell him he was an impudent fellow.

Why did you call him so? - I thought him so, because he came several times, and was impertinent; he came in a very submissive manner once or twice.

Did not he come, and offer to give you every satisfaction? - He did.

Did not you tell him as he had behaved so impudent, he never should have the stop taken off? - No.

Had not you had a quarrel with him, and threatened to kick him out of the house, before you made the charge against him? - No; do you suppose I had any malice against this man? I was not privy to his being apprehended.

Now I ask you, whether before any warrant was taken out against him, you had not threatened to turn him out of your house? - I might call him an impudent fellow.

Was not that before any proceedings were taken against him? - I believe it was, but I do not know.

Was it not in consequence of that quarrel that these proceedings were had? - No, it was in consequence of his urging the suit in the manner that he did.

Then if he had brought no action against the treasurer of the navy, there would have been no prosecution against him? - I do not know; I have a hundred things to mind, and if I stop payment of the money; I think I have done a good act.

How long after his first application was it that you took any steps against him? - Four or five months.

How many times might you have seen him during that interval? - About three times I think, but I do not recollect.

How long before the 8th of November was the last application, when he behaved so ill? - I cannot tell.

How many days before you went before the Lord Mayor? - I cannot say whether it was one, two, or three months.

Will you swear it was more than two days after the quarrel, that you went to the Lord Mayor, and got the warrant against him? - My opinion is, that it was much longer than days or weeks.

Will you swear it was a week? - I think it was more.

How came you not to think of taking out a warrant against him before? - The man had been so impudent, that it was thought advisable to take some step against him.

You had this warrant out the 8th? - Yes.

When did you execute it? - The 23d I believe.

How came it not to be executed till the very day, or the day before, the rule to shew cause? account to the Jury for that. - I do not know that I had found out where he lived.

Will you swear that was the reason, and that you had given it to be executed before that day? - I think I gave it to be executed on the 21st, and that it was on account of my not knowing where he lived, that it was not executed.

Do you mean to swear that was the reason? - No, I do not, I cannot give any reason; I did not take these steps without consulting my principal Mr. Dyson.

I want some reason why for the space of five months this step was not taken, and why it was taken on the very day, on which the rule to shew cause was appointed to be heard? - On the declaration being filed, and the appearance entered, the papers were laid before counsel to advise what was proper to be done.

Do you mean to swear that? - I believe so, and they advised the motion, to stay proceedings till he had surrended.

That motion was made at the beginning of the term, do you recollect that? - I do not recollect.

Was it made before, or after the warrant was taken out? - After; the motion was advised to stay the proceedings on the ground of the warrant being out first.

When the prisoner was taken before the Lord Mayor, he was discharged? - Yes.

How long was it before he was taken up again? - About seven months; we had not evidence sufficient to found a commitment the first time.

Did not he come to you after he was discharged by the Lord Mayor, and offer to give you all the satisfaction in his power? - He never did give me any satisfaction.

Did he not point out to you where you could find out information? - He did.

After he had been taken up and discharged, did he not come to you, and suggest some clew, whereby you might find Hickford out, and where he was born? - Yes.

Did not he come to tell you this after you had advertized for him, with a view to this prosecution? - No, I think it was before.

When did you advertize? - Upon my word I cannot tell; it was before the action.

Did you not advertize after the discharge before the Lord Mayor? - Both before and after.

Did not he after that come to you? - He came to offer to give satisfaction, and to say that it was a real will, and that he could prove it.

How long after, and how many times? - I cannot tell.

Did you never know where he lived? - No.

After this discharge, you knew where he lived? - Yes.

After the discharge he came to you, and there was an interval of seven months? - Yes.

How came he not to be taken before the Magistrate in the city? - I do not know, he was taken before the Magistrate in Bow-street, and sent into London to be examined, because the offence was committed in London.

How came that not to be done the second time? - I do not know.

Do you remember his presenting a petition to the Board of Admiralty, for leave to produce evidence to substantiate his claim? - Yes.

Now I believe he was not taken the second time till after that? - No, it was in consequence of that petition that the Board gave orders, that whenever he applied for an answer to that petition, he should be taken up; we had endeavoured to take him up before; we were prepared with evidence long before he was taken up the second time, but could not find his place of abode.

Did he attend for an answer to that petition? - I do not know that he did, I was out of the way at the time.

Mr. Fielding. Satisfy these gentlemen in the first place, in what capacity did you act? - I am agent to the solicitor of the Admiralty.

You were pursuing the public duty? - Yes.

How was it that you first knew any thing of the will of James Mitchell ? - I saw the will of Mitchell and three or four more, that were proved by this man in the Commons; certain suspicions arose in my mind, and in consequence of that, I wrote letters to the different pay-offices, to desire the officers to stop payment of their wages.

When did he first apply to you, not till after the publication of course? - No.

This man in consequence of some applications to you, had put this matter in a cause of civil proceeding, by bringing an action against the treasurer of the navy? - Yes.

And you, as the solicitor to that Board, were employed to defend that action? - I was employed by Mr. Dyson.

If it had not been for the action being brought, you would never have thought of prosecuting him? - Not I indeed.

But in consequence of that being set on foot, you searched about for further evidence? - I advertised immediately.

Subsequent to the information before the Magistrate, had you got further evidence? - I had; when I found he still prosecuted his suit, I advertised again, and the deceased's attestation was sent to me from Portsmouth, upon that he was taken up again.

Upon your oath have you prosecuted him from any private malignity? - No.

Mr. Shepherd. You had received some account from Portsmouth, that this man came from Little Brickhill? - Yes.

He had told you that before? - Yes, but I had forgot it.

Court. You have since found he was from Little Brickhill? - Yes.

By what means did you come at this? - It was in consequence of a letter I sent to Portsmouth desiring them to search for the name of John Hickford , at the Adjutant General's office, and send me up his attestation.

Was it in consequence of that information, that you found Hickford out? - Yes.

Then if you had given credit to the information of the prisoner you might have found Hickford out before? - Yes.

When you found Hickford out, he was brought up to town and examined? - Yes.

The second warrant was taken out on his information?

Hatton. The first examination was before Alderman Wilkes.

You had the attestation sent up to you? - Yes.

Does it appear from that attestation before what Magistrate he was attested? - He was attested in Ireland.

That attestation was signed by him? - Yes.

Have you it in Court? - I do not know.

Court. Have you made inquiries for any person on board the Triumph, who knew either the deceased or Hickford? - I have endeavoured to find out some person who belonged to the Triumph, but I never could find any one.

PRISONER's DEFENCE.

The prisoner gave in a long written defence, in which he stated, that the deceased being indebted to him in a small sum of money for goods sold, and money lent, for securing the payment of the same, executed the will in question in his favour, and that one William Baker , in the presence of the testator, and several other persons, delivered him the same on board the Triumph, in St. Lucia harbour.

Court to Knight. What is become of the action? - It is now depending.

Court. Why did you not apply to this Court to put off the trial till the action was tried.

Mr. Shepherd. It never occurred to me.

Court. It is the general rule of this Court never to try an indictment, where a civil action is depending.

GEORGE DOWNING sworn.

Mr. Shepherd. What are you? - I am a navy agent.

Do you know Licutenant Sandown? - Yes, Sir.

I believe the prisoner came to you from his recommendation? - Yes.

And you were applied to by the prisoner to do some business for him? - Yes.

Were you applied to, to do any business relative to this will? - Yes.

Do you recollect any circumstances of a stop being put on the wages? - I do; I received a letter for that purpose from Mr. Benjamin Spurrell .

Did you communicate that to Mr. Ramsbottom? - I did.

Did you know Ramsbottom? - I did.

Do you know who commanded the ship to which he belonged? - Captain Philip Affleck .

Do you know what character he bore during the time he served? - The little time I knew him was on board the Barfleur.

What character did he bear on board the Barfleur? - A very good character; I never heard any thing amiss of him.

Did you know any thing of the officer of marines on board her? - Captain Berry was the Captain of marines.

What character did the prisoner bear on board the ship? - A very good one; if there had been any thing against him, I suppose I must have heard it.

What was you on board the ship? - I was a writer in Lord Hood's office; I think I know something more material; this newspaper with the advertisement in it, respecting Hickford, was brought to me by the prisoner, and I happening to see that he had more information respecting Hickford than Mr. Knight, and finding that he gave a very circumstantial account of him; I desired him to shew it to Mr. Knight.

Court. Do you know what is become of William Baker mentioned in the defence? - He was here just now.

( William Baker was called, but did not appear.)

The Jury retired for some time, and returned with a verdict, GUILTY of uttering, knowing to be forged . Death .

687. JOHN FURY was indicted for stealing, on the 6th of September , one linen handkerchief, value 1 s. the property of John Graham , Esq.

JOHN GRAHAM , Esq; sworn.

On Thursday, the 6th of September, about two o'clock, going through Lombard-street ; I had my handkerchief in my pocket a minute before I lost it; a gentleman informed me I had lost my handkerchief; I perceived a person running, and I pursued him, and he was stopped; when I came up to him, I asked him for my handkerchief, and he pulled it out of the bosom of his waistcoat; a constable took him before the Lord Mayor, and he was committed.

JOHN EDWARD HOLMES sworn.

On Thursday, the 6th of September, I saw the prisoner attempted to pick my pocket, and I was determined to watch him, and I him pick Mr. Graham's pocket; I am sure he is the same man.

688. THOMAS EMES was indicted for stealing, on the 28th day of July last, one iron bar, value 3 s. the property of John Dowley .

EDWARD HAGGET sworn.

On Saturday, the 28th of July, the prisoner went to the George and Vulture tavern, with a pair of hinges for a shutter; when he came back, he said the carpenter told him to go and fetch a bar for one of the windows in the garret, and it must be taken directly; he came home, and cut a bar of iron, and made a flap to it, and went, as I thought, to fix it up; it was for the maid's window, at the George and Vulture tavern; he being gone an hour or more, I went after him, and found there was no bar wanting or ordered by any body; I found the bar afterwards by his direction at a public house in the Borough.

the George and Vulture tavern; the prisoner had received several orders for iron work of me, but none for an iron bar.

PRISONER's DEFENCE.

I was in liquor, but I remember the carpenter ordered a bar to be made for a window, and I went home to my master's, and made it, and took it to the house, but could not find the carpenter; I never pawned it, nor made away with it in any respect, but left it at a public house in the Borough where I had been drinking with an acquaintance.

690. ANTHONY COLEMAN was indicted for stealing, on the 8th of September , one pair of linen sheets, value 10 s. one linen pillow case, value 1 s. and one iron key, value 6 d. the property of James Scott .

JAMES SCOTT sworn.

I live at the Blossoms-inn, Lawrence-lane ; last Friday was a week, in the evening, the prisoner came into the coffee room; he had slept at the house the night before, but I did not know it; it was about eight o'clock, he had come with a pretence, that he had come from Birmingham, and had got a trunk coming the next day; I had some reason to suspect his being an old customer of mine in the sheet way; as he had lodged there the night before, he came into the coffee room without any ceremony; I gave the chamberlain charge to watch him in the morning; when I got up, I asked the chamberlain if he was gone; I watched him coming down; he was not come down when I got up; this was a little before eight o'clock; I saw him pass through as sharp as he could walk; I ran after him down the gateway; he had turned the corner before I catched him, as soon as he turned the corner, he began running; I desired him to walk back again, as there was a gentleman wanted to speak to him; I took him into the coffee room, and I told the chamberlain to go up stairs to see if every thing was safe; he went up, and found the door locked; I found the sheets upon him; one wrapped round his body, and tied round with both his garters, and another sheet in his breeches, and the pillow case in his pocket.

Were they your's? - Yes.

Were they marked? - The sheets were not marked; the pillow case was marked with our initials.

JOSEPH SYKES sworn.

I have got the property which was found upon the prisoner; I am certain they are my master's; I know one of the sheets, by taking particular notice of its being patched at the two corners, when I put it on the bed; the pillow case is marked with his name; when I re-examined the room, they were gone from the beds, and he had taken the key of the room.

691. JOHN MASON was indicted, for that he in the king's highway, on the 4th of August last, in and upon William Brett , did make an assault, putting him in corporal fear and danger of his life, and taking from his person, a silk handkerchief, value 2 s. and half-a-guinea , the goods and monies of the said William Brett .

(The witnesses examined apart at the request of the prisoner.)

WILLIAM BRETT sworn.

On the 4th of August about nine o'clock in the evening, I was going along the road into the country to harvest; I saw three men in the road leading to Canonbury-house, the other side of Islington ; the prisoner at the bar was one of them; he knocked me down with a stick; one of them, I cannot say which, cut me with a cutlass in the face; they picked my left hand pocket of a silk handkerchief and half-a-guinea in gold, which was wrapped up in the handkerchief; after they had beat me as long as they chose, they left me for dead; one of them said you have hit him enough, you shall not hit him any more.

Do you know which of them it was said that? - No, I cannot tell, for they had beat me so, that I could not lift my head from the ground.

Which way did they go? - I could not tell; some gentlemen came and picked me up but I cannot tell who; and whether they carried me or led me I cannot tell; I was taken to the turnpike, and then to St. Bartholomew's Hospital.

How long was it before you saw any body you knew? - Three or four days.

Was it the prisoner that was brought to you? - Yes, to know whether I knew him or not; he turned his back on me at first, then they made him turn his face, and I knew him immediately; and then they had him away.

Was you sure at the time you looked at him that he was one? - Yes, he was the man that knocked me down first.

Did you see him again afterwards? - Yes, on the 9th, they brought him into the ward to me, I was in bed.

Were any other people there? - Yes, the Lord Mayor was present; he asked me if I knew the man; I said, that was the man.

Did they point him out to you, or did you point him out to them? - I pointed him out to them.

Did you point him out yourself? - Yes.

Nobody pointed him out to you? - No.

Did you know him again immediately? - Yes, I had not the smallest doubt.

Look at him now? - I am sure he was the man that knocked me down first.

Had you an opportunity of seeing him before he knocked you down? - Yes; but it was a very little space of time just enough to see him, so as to know him again.

Did you see him, so as to discern his face after he knocked you down? - No, I did not.

Were they going the same way you were, or did they meet you? - No, they came across me.

How far were they from you when you first saw them? - About two hundred yards.

Had you no suspicion of them when you first saw them? - No, I had not.

Where were you when you first saw them? - On the causeway next the road side, they came down a lane that goes up to Cannonbury-house.

Was it so light you could easily discern their faces? - Yes.

Was it day-light or moon-light? - Day-light.

Prisoner. Did you know me before this happened? - I had seen him, but never had any acquaintance with him.

Prisoner. Where had you seen me before? - In the fields at Islington where I had worked.

Court. What was he doing? - Nothing but walking about.

By himself or with others? - By himself in a brick-field.

Have you seen him more than once? - Yes, I had seen him several times.

So often, that when you saw him coming to you, you knew you had seen him before? - Yes.

Prisoner. When he saw me afterwards the same night at the turnpike; he said he did not know either of the men, and again three days afterwards.

Court to Brett. Had you ever had any conversation with the prisoner at any of those times before? - No.

Did you ever speak to him before? - Yes, I may have said to him, how have you done, or the like of that.

When you were at the turnpike did you say any-thing about it? - My senses were quite gone, and I do not know what I said.

Jury. Does this illness of body proceed from the wound you had when you were robbed? - Yes, they cut off the calf of my leg, and beat me in a terrible manner.

WILLIAM BRACLAY sworn.

I am a constable; I apprehended the prisoner; I had a warrant to apprehend him for another matter, for wounding one Coleman a bricklayer; I thought it was best to go in the morning; I went about six o'clock in the morning to Woolpack-yard, Islington-Road, where he lodged; I went up stairs, and knocked at his room door; he asked who was there; I told him a friend; says he, what is your name? I told him my name; says he, I won't open the door.

Did you know him before? - Yes; and he knew me.

He knew you to be a constable? - Yes; I told him I would break it open; he said I might if I could stand by it; then I with my foot against the lock or bolt, or whatever it was, knocked against it till I broke it open; and as soon as he found the door give way, he jumped out of the two pair of stairs window; I saw him going through the window; I ran and caught hold of one of his legs; I called Mr. Redgrave who

was with me to lay hold of his other leg, and we pulled him into the room again by his legs; he asked us what we had got against him; I told him, I had got a warrant against him for wounding one Coleman a bricklayer; says he, is that all? I thought it had been for something worse; he said, he thought we had no right to break a door for a warrant; after that we secured him and took him away; he said, had he been drunk instead of sober, he would have been cut to pieces before he would have come with us; it was Sunday, and we took him to New Prison.

Did you afterwards take him to the hospital? - Yes, I went with him after he was committed on the Monday to the hospital, in consequence of hearing of the robbery of the prosecutor.

Did you go with him the first time? - Yes.

Did you see the prosecutor? - Yes.

Did the prosecutor know him? - When we went into the ward and looked about us, there were seven of us; the prosecutor looked very hard at us all.

Was he ill? - Yes, he was very bad.

What passed? - Not a word while we were in the ward.

What was done afterwards? - I left the prisoner with Redgraves, and went to the man's bed-side; I asked him if there had been any body there that he knew; yes, says he, that man in the blue jacket, the prisoner had a blue jacket on then.

Jury. You did not point him out to him? - No, no such thing.

Was you present when the Lord Mayor was present? - Yes.

How long afterwards was it? - I cannot justly tell; it was three or four days, I believe, but I am not positive; my Lord Mayor and the prisoner and I, and a dozen or fourteen more people, went into the ward with us, when we were all in the ward, my Lord asked him if there was any body in the place that he knew; he then pointed the prisoner out.

Can you recollect his words? - He said, that is the man (pointing to the prisoner) that gave me the blow on the side of the head; he said, he knew him before by sight but had never been in his company to eat or drink; the prisoner desired my Lord to ask us officers if we had ever had any conversation with the man before; my Lord asked the wounded man if we had ever had any discourse with him about the prisoner; he said, we never had any thing to say to him before.

Are you perfectly sure that you had no conversation with the prosecutor before? - I never saw him before in my life.

Are you perfectly sure that the prosecutor when thirteen or fourteen of you were there, fixed upon the prisoner readily, and without any person at all pointing him out to him? - He did.

Prisoner. Did you ever know me guilty of any such thing? - No; but I know he bears a very bad character in the neighbourhood.

JONATHAN REDGRAVE sworn.

I am a constable; on Sunday the 5th of August, I and the last witness apprehended the prisoner upon a matter of an assault, at the house where he lodged up two pair of stairs; I knocked at the door and asked for admittance; the prisoner asked who was there; I told him there was one; he asked my name; I told him it was Redgrave.

Who was with you? - Braclay?

Which of you was it that knocked? - Both of us; he refused to open the door; I told him then we must break open the door; we did; the prisoner was making his escape out of the two pair of stairs window; Braclay laid hold of his legs, and called to me to assist him, and we pulled him in; he began to dress himself; we told him we had got a warrant against him; I asked him how he could use poor Coleman so, a man that would not hurt a worm; is that all? says he; yes, says I; says he, I thought it had been for something worse; says I, would you go to jump out of the window so high as this; yes,

says he, if I had been sure to have broke my legs, I would have jumped out of the window; we took him to Clerkenwell; in going along, he said, it was very well we caught him sober, otherwise, he would have been cut to pieces before we should have taken him.

Was you present at the hospital? - Yes; on the Monday following, Braclay and I and the prisoner went; we walked into the ward as though we were strangers.

Was any body else there? - No, only the assistant and the patients; the assistant came up to the bed and nothing passed then; we withdrew out of the ward, all three of us; then Braclay went back again.

Was you present when the Lord Mayor was there? - Yes, I was out of the ward and was sent for up; when I came up, the prisoner put the question to the poor man, whether we had any conversation with him or not; the prosecutor said, no; and the prisoner seemed satisfied that we had no conversation with the man.

Was you present when the prosecutor was desired to point the man out? - Yes, and he pointed him out immediately before my Lord Mayor.

How many were present? - Ten or a dozen, I suppose.

PENELOPE CARTIE sworn.

I am assistant to the ward that this poor man was in; on Monday the 6th of August, Braclay, Redgrave and the prisoner, came into the ward; they said they wanted to see the ward, and the prisoner stood at the foot of my patient's bed; they sauntered about the ward, said nothing, and went out again.

Nothing was said to the prosecutor then? - No.

Was you present when the Lord Mayor came? - Yes, when my Lord Mayor came, there was a dozen or fourteen people, besides the patients; the prisoner was in the croud in the midst of them; my Lord Mayor asked my patient if he knew any body in the place, and he pointed to the prisoner.

The prisoner was not pointed out to the patient? - No.

PRISONER's DEFENCE.

When the prosecutor was before Justice Blackborow, I told him, I was very sorry for it, I was in liquor, and offered to make it up; they would not make it up under five guineas; a friend of mine happened to come by, and we went in order to settle it; they took me to St. John's-square; they said they were going to the doctor's to see what the bill was, and then we would make it up; I asked them again where they were going; they said, to tell me the truth, they were going to the hospital, for that would come more reasonable for me; and they went from one place to another for two hours, and then I was taken into the Justice's office, and I was committed to gaol upon what I was innocent for.

For the prisoner.

JOHN THOMAS sworn.

I keep the turnpike at Ball's pond; the prisoner came through the gate with his ass the same night this man was wounded; then four gentlemen came through, and in about ten minutes after they brought this man to the gate, and asked if he could lie there all night; I told them it was not a fit place; they said, he had been run over; the man said, he had been robbed of half a guinea and sixpence, and a silk handkerchief; I asked him if he knew the people that did it; he said, no, he could not swear to anybody.

Was the man very ill at that time? - Yes, he had had a blow upon the back and upon the back side of his head, but he never said he had been cut till next morning at five o'clock, when we saw the blood running about; he was shockingly cut; I asked him again; he said, he could not tell anybody who they were, for they jumped

out of the hedge and knocked him down; he told me there were three of them.

Prisoner. Did the prosecutor say what sort of a man it was that knocked him down? - No.

Nor what dress he had on? - No.

SAMUEL DONALDSON sworn.

On the night of this robbery, I cannot tell the day of the month, but it was on a Saturday night, about eight o'clock, the prisoner and I were at the White Swan, at Islington, drinking together.

How long was you with him there? - About ten minutes or a quarter of an hour the outside.

Did you hear where the robbery was committed? - Yes, several days afterwards, I heard it was at Ball's-pond.

How far is that from the White Swan? - Near two miles, I believe, but I cannot say.

To the prosecutor. Where was it you was knocked down? - In the cross road that goes to Cannonbury-house.

How far is that from the White Swan? - It may be near a mile and a half.

Whereabouts is the White Swan? - Near the Angel.

Court. It cannot be a mile.

ISAAC BOWLES sworn.

I keep the White Swan, at Islington; the prisoner subpoened me to say that he was drinking all the evening at my house; I cannot say he was there all the evening; he was there in the evening, but what time I cannot pretend to say.

How far is your house from the end of the lane that leads to Cannonbury-house? - It cannot be much above half a mile.

692. THOMAS DEAN was indicted for counterfeiting the current coin of this kingdom, to wit, shillings and sixpences; and for that he, on the 7th day of September did put off to one Asher Simon sixteen false shillings and thirty false sixpences for one guinea .

ASHER SIMON sworn.

On the 7th of September, as I was walking along St. John's-street with one Mr. Saunders, about eleven or twelve o'clock, I met with the prisoner at the bar.

Had you ever seen him before? - Never to my knowledge. I was going about my business, buying of clothes. Saunders is a clothes-man. The prisoner came up to me and asked me to buy some whites?

What answer did you make? - I told him I did not know the meaning of whites.

When he asked you to buy some whites, what did you say to him? - I did not say any thing to him.

When the prisoner asked you to buy some whites, what did you say to him? - I said yes.

Then you did not tell him that you did not know the meaning of whites? - No.

What did he say to you on your saying yes? - He took me through an alley, and desired me to go into a public house, and call for a pint of beer, and that he would come back again in about ten minutes; Saunders and me went into the ale-house, and Saunders went backwards, mean while the prisoner at the bar came to me.

How long after? - About six minutes afterwards, I can't say justly to a minute, then the prisoner wanted me to go out of the room with him, and as I was going out with the prisoner, Saunders followed out of the yard; the prisoner said, there is no occasion for you both, one is sufficient; so I went with the prisoner.

Who desired you to go out of the house at all? - Nobody desired us to out, we went together, me and the prisoner.

Why? - We had no business to do in the ale-house further.

Do make yourself more intelligible, when the prisoner came to the alehouse,

what did you do? - He asked me if I had any beer, I told him yes, and he paid for the beer and changed sixpence, and the landlord gave him the change, then I went out with the prisoner by his desire.

Then when Saunders was going to follow, what did the prisoner say? - He said there was no occasion for us both, there was no occasion to do any thing under four eyes.

What more did the prisoner say? - The prisoner said I should go with him, and he asked me if I had got the money ready to buy the counterfeit shillings?

Court. Did he make use of that expression, tell us exactly what he said, and what the words were that he made use of? - That I should go with him to the alehouse, and if I had the money to pay for the counterfeit shillings -

Were those the words he made use of? - He did not make use of the words counterfeit shillings.

Tell us the very words he made use of, his own words? - We were walking along towards Cow-cross to the ale-house.

What did he say to you? - He asked me how many I wanted.

Saunders was not with you then? - No, he staid behind.

He asked you how many you wanted? - Yes; I told him I would go back to my friend Saunders, and ask him how much money he had, as I had not money enough to pay for them; I went back to Saunders, and he sent me to the prisoner, and said I should bargain for three guineas worth.

Then Saunders waited for you at the publick-house? - Yes.

And you left him to go back? - Yes.

What house did you leave the prisoner at? - I think it is the Red-Lion in Cow-Cross.

Now had any thing passed in the way to the first publick house in Cow-cross, had the prisoner said any thing to you about what whites were? - No, I do not recollect that there had.

You came back to the Red-Lion, Cow-cross ? - Yes, I found the prisoner there, and told him I should be with him in an hour's time, for I was going home for money, and he said he would meet me there in an hour's time.

Did you order any? - Three guineas worth; I went back again to Saunders, and Saunders told me that the man ought to be apprehended before Sir Sampson Wright; we went up to Sir Sampson Wright, and we met Mr. Clarke, and we related the business to him, he ordered me to go back and buy a guinea's worth, I told him I had not money, and he said I will send an officer with you, who shall give you a guinea.

Did he give you that guinea? - Yes.

Who gave you that guinea? - Mr. Ting.

Then you went back to the publick-house? - Yes, I went and found the prisoner there to his time; he took me behind in a parlour, and called for a pint of beer.

Did Saunders go back with you? - Yes, and the officer.

But you did not all go in to the prisoner? - No; I went in alone, I left them in the street, two or three doors from the publick-house; the prisoner took me backwards into the parlour, and he bid me to stop a few minutes, as he had them not about him, and he would send out for them.

Did he ask you how many you wanted then? - Yes, and I told him a guinea's worth, and he sent out for a guinea's worth.

Who did he send out for the guinea's worth? - That I can't tell, he came in about two minutes into the parlour, and he brought me them tied up in a paper, and he said there is thirty-two shillings for the guinea, I gave him the guinea, and he gave me the counterfeit money; he told me there was no occasion to count them, they were very right, for fear any body should come into the parlour, he said I might count them if I pleased, but there was no occasion for it.

Did you take them without counting? - Yes, and then he made me a present of

What did you receive in the whole? - Seventeen shillings and thirty-six sixpences.

You are sure of that? - Yes.

That was in the paper that he sold you? Yes, I saw them counted by the officer.

Was not there a small story of your receiving a Sun-fire-office bag which had been stolen from a fire? - I never received any such thing.

Were you not accused of it? - I was accused of it; I was not the man convicted of stealing it.

I don't know that; did you yourself go to amuse yourself at the fire? - No.

Court. Did you take any out of the paper before you gave them to the officer? - No.

Did you never count them? - No, I never counted them.

Then he cheated you of a shilling; are you sure that the paper counted contained the precise number that the prisoner gave you? - I never once opened it; it never was opened in my hands; I delivered all I received into the officer's hands, without even having opened the paper at all; I am sure of that.

JOSEPH SAUNDERS sworn.

I sell clothes; on the 7th of September, as I was going out, I happened to meet this man Asher Simon ; he asked me where I was going, and I told him I was going to seek clothes; we walked together as far as St. John-street, as we was walking along St. John-street, I was the space of twenty yards before him, I missed him, and I turned myself round, and I saw him standing at the corner of an alley with the prisoner at the bar; Asher Simon gave me the wink to follow him; I did, they went through the alley, and I followed them; Simon stopped at a public-house, and the prisoner at the bar went towards Cow-cross.

You had reason to suspect something, and you went to Bow-street? - Yes.

Then you and Ting went to the Red-Lion, Cow-cross? - Yes.

What passed there? - Asher Simon went in and purchased the money.

Mr. Garrow. Did you see him purchase it? - No, I did not; I was standing on the outside of the door.

What did he do with the money he purchased from the prisoner? - He gave it to the officer.

Then you and the officer went in and took the money? - Yes.

That is all you know? - Yes.

Mr. Garrow. You and Mr. Simons had not been in company together that morning? - Yes, we walked together, and I got before him.

Then he gave you the wink to follow him? - Yes; I did not hear him cry clothes, and that made me turn about.

You are in a sort of partnership then? - No.

How much money had you in your pocket that morning? - I had about fifteen shillings.

Did you know Simons before he went abroad? - No.

Then you are but lately acquainted with him? - I know the man as far as we all know one another.

All honest men know one another? - I am as honest as the world will let me.

This is a pretty good job for you, is it not? - I think it becomes every man to do justice to his king and country.

When you first met Simons after the man had been talking with him, what did he tell you he offered him? - I asked him what the man had to sell; says he, he has got some whites; says I, do you know the meaning of whites? no, says he; well then, says I, it is counterfeit money.

You knew very well what it was? - Yes.

So you told him? - Yes.

Ting gave you the money to pay for this? - Yes.

Where do you live? - In Whitechapel.

Have you received any money for this? - No, nor do I wish any.

You have not had any? - No, I don't desire any.

When you went to Bow-street, who did you see first? - I saw Mr. Clarke.

What did you understand by the wink? - That is very often among our people, very few travel with much money in their pocket, and we often assist one another with money, in case one gets a good bargain.

There is no occasion for a wink, he could have called you back; is not the course of your dealing to leave earnest when you buy a thing? - No.

THOMAS TING sworn.

I am an officer belonging to Bow-street; I had information of some coining business, and Mr. Clarke ordered me to go with these men, and give this man, Simons, a guinea; and he said you mark it; I did mark it; I cut it with a knife; then he ordered me to go with these two men to Cow-cross, to the Red-Lion, there Simons was to meet this man, Dean, I and Saunders, was in the Court; after Simons came out, he speaks to Saunders, says he, he is in there; says I, I don't know him, you shew him to me; upon that I goes in and lays hold of him, and takes him to another public-house and searches him.

Did Simons give you any thing? - Not then, he did not.

Court. Upon that Saunders and you went in? - Yes, and Saunders says, this is the man; then I fetched him out of that house, and we went into another public-house, over the way.

Simons did not give you any thing then? - No, I took him into the public-house and then I searched him.

What did you find upon him? - These two guineas in his fob; the one is the guinea I gave Simons, there is two cuts in it before the face of it; that guinea I took out of his pocket; that is the guinea I gave Simons, and that is the guinea I took out of his pocket, and this I took from Simons.

When did you first see that in Simons's possession? - At the second public-house.

Where had he it when you first saw him; had he it in his pocket? - Yes.

Did Simons take it out of his pocket? - I can't tell; I never saw it till I came to that public-house.

How was it done up? - It was tied up in a paper, with this very bit of string I have here in a brown paper, but that is not the paper, that paper is worn out; I opened it and counted it; there are sixteen shillings and thirty six-pences; I am sure that is the same number.

Mr. Garrow. Did Simons produce any that the prisoner had made a present to him at the same time? - Yes; he had these in his pocket loose, and he made me a present of them; I have them here.

How often does it happen that you furnish guineas to buy bad silver? - Twice I believe.

Did you know either Saunders or Simons before? - I had known Saunders before.

How long had you known him? - I have known him a twelvemonth.

Have you ever known him on this sort of business? - Never that I know of.

Have you ever had any dealings with him before, on account of bad money? - Never.

How have you known him? - Crying old clothes about the streets.

Did you never have any informations about bad money from him before? - Never that I know of.

Do you mean to swear that positively? - To the best of my knowledge, I don't know that I have.

How mach money has been paid him for rewards in the course of this last year? - I don't know.

JOHN CLARKE sworn.

I sent Ting to give this man a guinea; I have been employed by the officers of his Majesty's Mint many years; these are base metal, the sixteen shillings are worth about three half-pence a piece, and the six-pences the same; they are all counterfeit; they are a bad sort; they are not very black of the sort, and it appears by their look that they have never been in currency; because they put black stuff upon them.

You understand the extent of the question; I don't mean coining? - I never had any dealings with respect to coining with him, except this.

Court. Is there any reward under this act? - None at all.

But you always make some compensation to these people? - That depends upon what the Solicitor to the Mint chuses to give them; every man ought to be paid for his trouble.

Court. When these people brought you this information; did they ask you what they were to have, or how they were to be paid? - No, not a word when they came to the office to give the information; they were there before I was, and had mentioned the same information as they did to me.

You found them there? - Yes.

Then they gave the information? - Yes, I put the question as I generally do, asking them where.

Who did they speak to when they first came in; did they give you the first information? - I was informed they had given the information.

Then it is not true that they first met you in the street, and gave you the information there? - Yes, I saw them in the street; they saw me first, but they had been at the publick office first.

Do you happen to know, whether at the public office for any other purpose, or for any other information, Saunders had received had received money before? - I do not happen to know.

Court to Saunders. Have you not before this, received money at Bow-street from the officers? - I never received any money but once, when Sir Sampson Wright sent me down into the country to fetch a watch back, and gave me a guinea for my expences.

Is that all? - Yes.

Do you mean to swear that? - Yes, positively, Sir Sampson Wright gave me a guinea to go forty-five miles into the country, that is all the money I received in that office in my life.

What case was that in, was you examined here afterwards? - Yes.

What case? - One Thomas Carpenter .

Was not you examined in custody? - No.

Did not you receive half the reward? - No.

PRISONER's DEFENCE.

I never saw this man in my life before he came into this public house, and asked for two half guineas for a guinea; I gave them to him, and in less than one or two minutes, the officer came in, and laid hold of me.

Court. Have you any witness to shew that either of these men asked for two half guineas for a guinea? - No, my Lord, I cannot I have.

Because that is a fact extremely material for your defence? - There was not above two people in the house, and they were sitting backwards at dinner, and I was standing by the bar door.

Who was in the bar? - I did not see any body in the bar; I was between the bar door and the tap.

Do you mean to say there was nobody there? - Nobody but the persons who were eating their dinner behind.

Have you ever enquired who they were? - No.

To Ting. When you went into the room, what people were in the room? - Four or five workmen at dinner.

Where was the prisoner? - He stood leaning against the place in the tap room.

Was there any body in the bar? - I cannot recollect that.

Do you know what money Simons had? - He had only two shillings.

How do you know that? - Because I searched his pockets; I thought he might be a buyer.

How came you to do that? - We generally search the pockets of the informer.

Court to Clark. Is that so? - Yes, my Lord; it is really for no other purpose, but to blind who gave the information at the time, and to take away the suspicion from the person who gives the information.

Court to Ting. Was it done? - It was done.

Had Simonsany money at all besides the two shillings? - No.

ANN BARNET sworn.

Mr. Garrow. Where do you live? - In Petticoat-lane.

Are you married? - Yes.

What is your husband? - He is a gauze dresser.

How long have you known Asher Simons ? - He is my brother-in-law; he has been guilty of a great many bad actions, both in his own country and here.

What countryman is he? - He comes from abroad? - I cannot tell the country.

You are an Englishwoman? - Yes, he is a foreigner.

And has been guilty of many bad action, both in his own country and here? - Yes; I met him last Tuesday was a week in Gravel-lane, Houndsditch.

Court. Was any body present but him and you? - No; I said, you have taken up a man; he says, yes; but says he, if I could find out the man's wife, and she would give me five guineas, I would not go against the man; that is all he said to me.

Do you think he is a man to be trusted upon his oath? - He has been guilty of bad actions both here and abroad; he does not mind swearing a man's life away for money; besides he is poverty struck, and he will swear any body's life away for hire; he will not mind whose life, and he is not a man to be believed on his oath; upon my oath, and you may take my oath; I never was in this place before.

Cross-examined by Mr. Silvester.

How did this man find you out to be a witness here? - I do not come on the prisoner's side; I do not know the prisoner.

Who brought you here? - My mother-in-law brought me here to speak the truth against Simons.

Did not you give your name to the prisoner? - I told the attorney what my name was.

And you told him what you was to prove? - No, I did not.

What did not you tell him that your brother-in-law was a bad man? - I told nobody as I know of.

Was you brought here by the attorney? - I was sent here by my mother to speak the truth.

How came you here to day? - Because I knew the trial was coming on.

Did you not tell any body that you was coming here to day? - I did not tell any body.

Court. We only want to know how you came here, it is very proper that you should come? - Because I heard the trial was coming on to day.

Who did you hear that from? - I heard it from some people yesterday, who were come from the Old Bailey.

What people? - I do not know the people.

Cannot you tell the name of the person from whom you heard it? - No.

Were you served with any process to compel your attendance? - No, nothing at all.

Did you ever tell any body that you would come here whenever the trial of this man came on? - I did not tell any body any further than my mother-in-law desired me to come and speak the truth.

Who is she? - Mrs. Mitchell, in New-court.

When you met Simons by accident, he said he had taken up a man? - I heard it, and I asked him.

Then how could you possibly know whose trial was to come on, or when it was to come on? - They told me the trial was to come on in which my brother was concerned to day.

What people, you must tell? - I cannot tell.

When was it? - Yesterday afternoon.

Was it men and women together? - There was men and women together; they were in Petticoat-lane.

Did you know them? - No, I asked them if they had been at the Old Bailey, and they said they had, and that the trial was to come on that morning.

How came you to ask? - They said they came from the Old Bailey.

How came they to say that to you? - Because one of our people was tried here yesterday, and I asked them when my brother's trial was to come on, they all knew his name.

What did you ask them? - I asked them if the trial of my brother was come on, and they said it would not come on before to-day.

Why, your brother was not to be tried? - I asked them if the trial was to come on between him and the man; I do not know the man, I never saw him.

Did you tell them that you intended to come here? - Yes, I did say so.

Did you never tell any body before that? - Nobody at all.

Did you ever tell your mother-in-law? - Yes.

When was that? - Last week and this week.

Does she know the prisoner? - No, she never saw him any more than myself.

Does she know him? - No.

Then how came your name in that brief? - I cannot tell, many people know my name.

You never told the prisoner at all? - No.

How came you to be Mrs. Mitchell's daughter-in-law? - I married a son of her's; her first husband's name was Barnet's; she is married again.

Simon. I beg to know what she knows of me? - I can only tell what people have said; he gave a man a kick, and the next morning he was dead, and it was very well known, he flew away for it. The jury sat, and if they had not brought it in manslaughter, he would have been hung.

How much have you for coming here? - Nothing at all.

JOHN ANGEL sworn.

I live at Hoxton? - I have known the prisoner a year and a half; he lodged with me fifteen months; during the time, I understood him to be a dealer in cloth, and such kind of things; I have seen a number of things that he has brought to my house; he was a lodger in the house when I came in; he always behaved very well while he was with me, and he always paid me in good money, and bore a good character.

GUILTY .

The prisoner being called upon by the clerk of the arraigns, whether he had any thing to say for himself, why judgement of death, according to law, should not be passed him, he prayed the benefit of the statute; upon which, Mr. Silvester, as counsel for the mint, put a counter plea, stating a record of a former conviction, in which the prisoner had prayed, and been allowed the benefit of clergy; and the Court gave the prisoner till next sessions to reply to the same .

693. JAMES EVERARD was indicted for burglariously and feloniously breaking and entering the dwelling-house of Thomas Slack and Dennis Delany , about the hour of twelve at night, on the 13th day of July last, and burglariously stealing therein three linen shirts, value 12 s. and a variety of other things, value 3 l. 6 s. the property of Charles Mickie .

694. JOHN VANDEBUS , otherwise BOND , and OFFSPRING GREGORY were indicted for burglariously and feloniously breaking and entering the dwelling-house of Richard Jefferies , about the hour of two in the night, on the 29th day of June last, and burglariously stealing therein one silver watch, value 3 l. three silver tea-spoons, value 5 s. one silver table-spoon, value 5 s. his property : and JANE VANDEBUS was indicted for feloniously receiving the said silver watch, knowing it to be stolen .

There being no evidence sufficient to call on the prisoners for their defence, they were ALL THREE ACQUITTED .

695. JOHN VANDEBUS , otherwise BOND , OFFSPRING GREGORY , and ELIZABETH RICKIN , were indicted for burglariously and feloniously breaking and entering the dwelling-house of Peter Pearce , about the hour of one in the night, on the 3d day of July last, and burglariously stealing therein two cotton gowns, value 6 s. and a variety of other things, value 2 l. 8 s. 6 d. his property : and GEORGE BRAGG was indicted for feloniously receiving the same goods knowing them to have been stolen .

There being no evidence to support the charge but an accomplice, the prisoners were ALL FOUR ACQUITTED .

696. JOHN VANDEBUS , otherwise BOND , was indicted for burglariously and feloniously breaking and entering the dwelling-house of Gabriel Bundlebart , about the hour of one in the night, on the 21st day of June last, and burglariously stealing therein thirty-six knives and forks, value 10 s. and one alarm clock, value 20 s. his property .

There being no evidence to put the prisoner on his defence, he was ACQUITTED .

697. JAMES EVERARD , JOHN VANDEBUS otherwise BOND , PETER BOLTON , and OFFSPRING GREGORY were indicted for burglariously and feloniously breaking and entering the dwelling-house of Thomas Seabrook , no person being therein; on the first of August , about the hour of ten in the forenoon, and stealing two cotton gowns, value 21 s. a linen gown, value 5 s. a linen apron, value 1 s. a linen shirt, value 1 s. a muslin handkerchief, value 1 s. and a green stuff skirt, value 2 s. the property of the said Thomas Seabrook , in his dwelling-house .

The Witnesses were examined apart at the request of the Prisoners.

THOMAS SEABROOK sworn.

I am a day-labourer , I live at Mill-hill , on the first of August, between eight and nine o'clock, my daughter and I went out much about together, I locked the door with a padlock.

Was there any body in the house? - No.

How were your windows? - They do not open.

How old is your daughter? - About thirteen or fourteen; the things in the indictment are my daughter's wearing-apparel; about half an hour after it was done, I returned home, I found the door open, the bolt was forced out, and the padlock

On the first of August, between 9 and 10 o'clock in the morning, I saw the prisoner Vandebus come out of Mr. Seabrook's yard with a bundle in a blue apron, and part of a green skirt hanging out; when he came out, Gregory joined him.

Which is he? - That young man with the handkerchief round his head; and the two boys followed at a distance.

Where were they when you saw them first? - Gregory and Everard stood on one side of the house, about five yards distance from each other.

Where was Bolton? - He came from Mr. Bingham's shop, which is about 20 yards beyond Mr. Seabrook's, they went up Mill Hill?

Altogether? - No; Gregory and Bond joined together, and the two boys were at a distance behind.

Did they run? - No, they walked; I informed Mr. Seabrook's daughter of what I had seen, she was at Mr. Franklin's shop, about a quarter of a mile from home, I went home to my mistress, and the girl followed the men.

Look at those four prisoners; are you sure they are the men you saw there? - Yes.

Are you certain of it? - Yes, I am.

How far were they got when Sarah Seabrook followed them? - They were out of my sight when she followed them.

Prisoner Everard. Was I in company with Gregory? - No, he was at a distance from him.

Who came out of the house with the bundle? - Bond, and the green skirt hanging out.

How do you know it was a skirt? - I am not sure, I imagined it to be so, because I had seen the girl wear a green skirt.

You are sure there was something green? - Yes.

How were they dressed? - Bond had a blue jacket on, Gregory had a great coat on and a green one under it.

Prisoner Gregory. They took that coat from me at Bow-street.

S Leper. Everard was dressed as he is now, and Bolton had a jacket on.

How soon did you see them again after this? - About three hours.

Where were they when you saw them again - At a public-house at Barnet gate.

Did you see the prisoners there? - Yes.

Were they in custody then? - Yes.

Did you know them again at that time? - Yes.

Did you say you knew them then? - Yes.

SARAH SEABROOK sworn.

How old are you? - Turned of twelve.

Do you know the nature of an oath? - Yes.

What is an oath? - To answer what you ask.

But are you under any obligation to speak the truth? - Yes.

What will become of you if you speak false, don't you know? - A very bad thing.

SARAH SEABROOK sworn.

I am the daughter of Thomas Seabrook . On the first of August you and your father left the house together? - No, my father left the house first, he went out a little after eight o'clock, and I left it a little after nine.

Who locked it? - I did.

Where was your father then? - At his work, he had been gone pretty near an hour.

Who told you of it? - Sarah Leper ; I went home and found the things were gone.

What things? - Every thing I had. (Repeats them.)

How long before had you seen those things? - I saw them just before I went out

Where were they? - Up stairs in my bed-chamber; I ran after them.

Which way did you run? - Up the hill.

How soon did you get sight of them? -

About ten minutes afterwards.

Court. Sight of what? - Of the four men.

Those four men, look at them? - Yes.

Were they walking or running? - Walking gently up the hill.

How far did you follow them? - About half a mile: I got three men to go after them, I told them there were four men gone down there, that had been in our house and robbed it of all my things, and I would be glad if they would go after them and take them.

How soon after that did you see these four men again? - It might be a couple of hours.

Are you sure they are the same four men you had followed? - Yes.

Look at these four men? - These are the same four I am sure.

Jury. Had you seen these men about the house any time before? - No.

Court. When you first saw these four prisoners, how were they? - They were all walking together.

You did not speak to them? - No.

You are very sure it was you that locked up the house, and that your father had been out near an hour before? - Yes.

What became of the key? - I put it in my pocket and took it with me.

You are sure of that? - Yes.

How long after this was it that you saw your father again? - I saw him when I came back from following the men; it might be about two hours.

HENRY TAYLOR sworn.

I am a day-labourer; I live at Barnet-gate; I was informed that a house had been robbed at Mill-hill by four men; and that they were asleep under a hedge.

Where was this? - Behind the Bell at Barnet-gate; I found the four prisoners lying there, and this gun, (producing it,) lying under the skirts of Gregory's coat.

Was it loaded? - Yes, very heavy loaded, here is the contents, (producing it in a paper,) we secured the men and took them to the Bell; we sent to the people at Mill-hill, and carried the man to Bow-street.

What time of day did you find them? - About eleven o'clock.

RICHARD LOVELL sworn.

I am a shoe-maker by trade; I live at Mill-hill; on the 1st of August about two o'clock, I found these things (produces them) in a ditch, about three poles from the road, at the bottom of Highwood-hill, which is about three-quarters of a mile from the house that was robbed, they were lying loose, not tied up.

Do you know the Bell at Barnet-gate? - Yes.

Was the place where you found the things in the road from Seabrook's house to Barnet-gate? - Yes, it was.

(Deposed to by Sarah Seabrook .)

GEORGE WOOD sworn.

I am a constable; I searched the prisoners; I found upon Everard some tinder and matches, and upon Bond, a pair of nippers; I found nothing upon the other two.

Court to Sarah Seabrook . Did you ever see the padlock again? - Yes; it laid upon the table under the window.

Court to Thomas Seabrook . Are you sure you and your daughter went out of the house together? - We went out together partly as I thought; I thought she followed me out directly.

Are you sure it was you that locked the door? - No, she locked the door, I believe.

You was mistaken before when you said that you and your daughter came out together, but now you recollect you left your daughter behind you? - Yes.

Who bought these things that your daughter wears? - My wife.

PRISONER EVERARD's DEFENCE.

I was going down to Hadley; I met Gregory and Bolton, and asked them the nearest way; they said they were going that way, and they would shew me; we walked a great way, and were fatigued, and laid down under the hedge to rest ourselves, and these men came and said we had been doing this robbery, which I know nothing at all about.

PRISONER BOND's DEFENCE.

I was taking a walk from town; I met with Gregory; he had got a gun; he had been shooting birds; he asked the way to Barnet; I walked with him a little way, and we sat down at the side of the ale-house at Barnet-gate, and these people came up and laid hold of us; they would not tell us at first what they took us for.

PRISONER BOLTON's DEFENCE.

I was going into the country; I met with Vandebus, and asked him the way to Barnet; we laid down to rest ourselves, and those men came and took us.

PRISONER BOLTON's DEFENCE.

I met with these men as I was going to work; we sat down, and these men came and laid hold of us.

(The prisoner Bolton called one witness who gave him a good character.

All Four, GUILTY Death .

Edward aged 14, Bolton aged 15, Gregory aged 17, and Bond aged 19.

Tried by the second Middlesex Jury before Mr. Baron THOMSON .

Everard and Bolton were recommended to his Majesty's mercy by the Jury, on account of their youth .

698. WILLIAM ELLIS and THOMAS JOHNSON were indicted for feloniously stealing, on the 28th day of August last, one brown gelding, price 14 l. the property of John Ward .

JOHN WARD sworn.

I live at Hackney; I lost a brown gelding the 28th of August last, on Tuesday night; I saw him put down at four in the afternoon, in a place called Panchcraft in Hackney-marsh ; my servant put him down, there were a great many other horses in this marsh; the next morning I went to fetch him between nine and ten and I could not find him; I was to carry a lady out; I went all over round about, and enquired of all the boilers every where; I could not find him; I wrote some papers and gave out, two or three days after I advertised him, and Mr. Bannister found him; I first saw him the 5th of September, on a Tuesday; I was carried to see him at a stable at the Peacock at St. Alban's; I do not know the people's names, he was locked in; the person who had the care of him went with me; there was no other horses in the stable; I knew him perfectly well; I had no doubt, it was a brown gelding, he was a remarkable horse; he had some saddle-spots, one on the top of his rump chafed with a pillion, made it come white; there were two or three other saddle-spots, one pretty large one and raw, it was not cropped, it was nick'd; with a long main and tail.

Had you knowledge enough of this gelding to have known it any where? - I could have known it as far as I could see it at any time.

JONATH. BANNISTER sworn.

I am a butcher at Hackney; I am acquainted with Mr. Ward; I know his brown gelding; on the 4th of September, I was returning from Dunstable; I slept there the night before, at the Turk's Head; when I got about two miles this side of Dunstable; I met the two prisoners, both on this gelding; it was on a Tuesday; there was a saddle and bridle on him, and

a halter round his neck; they were going from London for Dunstable; I was coming to London on the Liverpool stage; it was about nine in the morning; I knew the gelding when he came up to me by his shuffling walk; I never rode him before this time; I know Mr. Ward's son; Mr. Ward and me are near neighbours, and he carries many ladies about Clapton; I have perfectly seen the horse ten or twelve times a day for this year past; he is a very remarkable horse; I told the coachman there was a horse gone by that I knew was stolen out of Hackney-marsh; I desired the coachman to stop; I halloo'd after the prisoners; they immediately turned round till I walked up to them, which I believe was a hundred yards from the coach; I had got down from the coach; I told them they had a tight little brown horse there, and I asked them who it belonged to; the prisoner Ellis said in the hearing of the other, it belonged to Mr. Johnson, the Cow-keeper at Bethnal-green; I asked him which, and they said the youngest, John Johnson , they both said so; I asked them where they were going? they said down in the country on some business for Mr. Johnson; I said I knew Mr. Johnson very well, (there is such a person;) I told them I knew the horse they were on, and desired them to get down, and go along with me on some business, for that horse was stolen from Hackney-Marsh, and I looked on them to be the thieves; the old one said, you may take the horse, but I must go about my business; I said if you stir I will knock you down; the little one said, indeed Sir we came honestly by him; I said, my lads all the harm I wish you is, that you may have got it honestly; but you shall go with me into the basket of that coach; a friend of mine was coming by, and I desired him to ride with them, and I got an officer, and brought them before the Mayor of St. Alban's, and they were committed; I swore to the gelding, the property of Mr. Ward; I took the gelding to the Peacock at St. Alban's by order of the Mayor; I saw Mr. Ward the same evening; I called him out of bed; I told him I had found his horse and the thieves; it was Barnet fair-day, September the 4th; Mr. Ward says it was the 5th, that is a mistake; as soon as the horse saw him, he put his nose to his pocket; I have frequently seen Mr. Ward feed him with bread; Mr. Ward said it was his directly; it was a brown gelding, there is a confession of Johnson's attested by the Mayor, it was written in St. Alban's gaol; the name of Jonathan Banister is my hand writing; the name of John Ward is Mr. Ward's hand-writing; that is the prisoner Johnson's mark on both sides of the paper; it was read over to him before the Magistrate by John Osborne ; I saw John Osborne put his name to it; (Read)

"September the 6th, 1787; the confession of Thomas Johnson , made before Jonathan Banister , butcher at Hackney, and William Ward , butcher of the same place; that about three or four months back, William Ellis, Joseph Kelly and himself, stole three pigs, the property of Mr. Johnson the elder."

Court. Have you had any conversation besides that you have mentioned on the road with this man about the horse? - No, he made this at the gaol, and it was read over to him before the Magistrate; I wrote it all out of his mouth.

Did you follow his words as he spoke to you? - Yes Sir, word for word.

How came you to write it down, did the prisoner think of it, or was it your desire? - The gaol-keeper in short came up to Mr. Ward and me, and desired us to come down, he thought the little one had something to say to us.

Did the gaol-keeper or you recommend it to him to make that confession? - Yes, we told him we thought it would be the better for him if he did it.

Then there is an end to the confession, what may the value of this gelding be? - Fourteen pounds.

I say the same, the halter was hanging under the horses feet; we found him near the turnpike, Mile-End-Road.

THOMAS MURPHY sworn.

I keep the Court-house, Whitechapel, opposite the London Hospital; I have known both the prisoners almost two years; I never heard a bad character of them before.

What is Ellis? - A labouring man as far as I know.

Did you ever know him do any work as a labourer? - Yes, frequently; he has a wife and two or three children; he lived within forty yards of my house; the other prisoner lives at Mile-End, Johnson is his father-in-law, he is a labouring lad, and a very good character he always bore.

WILLIAM ELLIS , THOMAS JOHNSON ,

GUILTY , Death .

Tried by the second Middlesex Jury before Mr. ROSE.

The prisoner Johnson was humbly recommended to mercy on account of his youth by the Jury; and also on the part of the parish of Hackney, who carried on the prosecution.

699. WILLIAM READ was indicted for stealing, on the 28th day of August last, nine pounds weight of lead, value 3 s. belonging to a certain person unknown, fixed to a certain building of such person, against the statute .

700. THOMAS BARLETT and JANE wife of THOMAS COLE were indicted for burglariously and feloniously breaking and entering the dwelling house of James Cromble , about the hour of eleven in the night, on the 1st of August last, and burglariously stealing therein, one iron spade with a wooden handle, value 12 d. a pickax, value 12 d. a crow, value 2 s. and a shovel, value 12 d. his property .

The prosecutor having a partner, who was interested in the things stolen, but not named in the indictment, Mr. Peatt, counsel for the prisoners, objected that the property was wrong laid, and they were both BOTH ACQUITED .

702. LUSTON VAUGHAN was indicted for that he, on the 2d day of August last, on one Mary Hunt , spinster , did feloniously make an assault, and her the said Mary, against her will, feloniously did ravish and carnally know .

MARY HUNT sworn.

I live in Sweed's Court Piccadilly; I am a single woman ; I lodge there; the gentlewoman who keeps the house is a laundress; her name is Elizabeth Dean ; I take in plain work when I can get any to do; I have no relations in town; I come from Wiltshire, about five miles from Bath; my mother is dead; she died when I was young, my father is still living; he lives in the country.

Let us know what complaint you have against the prisoner at the bar? - On the 2d of August, I went to Florida gardens with Mr. Peacock, who I now live with; it was in the afternoon, about six o'clock to the best of my knowledge.

Who did you go with? - With one Mr. Peacock.

Who is Mr. Peacock? - I have lived with him these three years.

What happened there? - I went there in company with him, when I came there he had business at North-end; he lived there once in business; he had some business to do there, and he went across the fields to North-end.

In company with whom? - With nobody at all but myself; I went in there, and he said he would meet me at nine o'clock at Florida Gardens tap.

Then for these three hours you were left there by yourself? - I went into the garden, and staid a little bit, and then I went home.

How came you to go home before the time appointed? - Because I was rather tired of staying there.

How long did you stay in the gardens? - I cannot say, to the best of my knowledge about half an hour, then I went home, when I went home I drank tea.

Alone by yourself? - Yes.

But you need not give us this history, come to the point at once? - About half past eight I went out with an intention to meet Mr. Peacock at Florida gardens tap, and when I came up by the Bell and Horns, near Brompton , there is a corn field on the left hand side; just as I came there, the prisoner stood there; what he had, he had out, and he forced me very much to go with him.

Where abouts is the Bell and Horns? - In Brompton road.

How far is it from Florida gardens? - It is at the crossway before you come to Florida gardens.

Is it in the way? - Yes.

How far is it from the gardens? - It is a good way.

As you came into that field you saw the prisoner? - No, it was as I was going by the road; there is a corn field on the left hand side.

Were you going through the corn field? - No.

Then where did you see the prisoner? - He stood on the outside of the rails in the path, with his back against the corn field.

Just by the Bell and Horns - Yes, when I came there he forced me very much to go with him, and what he had he had out; he tried very hard to go with me.

You must explain yourself more, what you say at present is unintelligible; what did he say or do? - He catched me fast round my middle without speaking a word, and he tried very much to go with me.

To do what? - To be connected with me.

What on the pathway? - Yes.

In what manner, you must be particular? - He pulled my petticoats up, and forced me very much to go with me.

On the pathway? - Yes; by that means I strove very hard against him.

Did he throw you down? - No, my Lord.

What did he do when he pulled up your petticoats? - He forced me very much.

How do you mean? - He tried to carnally know me.

What when you were standing in the pathway? - Yes.

Were his breeches unbuttoned? - Yes, my Lord, when I came up to him they were.

When you first came up to him? - Yes.

Now go on? - By that means my Lord, he tried three times to push me into the hedge; by that means I strove very hard against him, and I screamed out, by that means he upt with his fist, and knocked me down; he hit me in the stomach, and knocked me down; by that means when I was down, he took my petticoats up, his breeches was down; by that means, my Lord, he entered my body; by that means he put his hand across my throat that I might not seream out an longer; from the time he had me down, his hand was across my throat, and I was quite insensible.

When did you first come to you senses? - When he had me down, and had entered my body, he said

"damn me, madam, you shall."

That was the first thing he said? - Yes.

When did you recover your senses again? - Not till I came out of the field.

What were the people and him doing when you went into the road, were they talking to him, or had they hold of him? - I cannot tell which, for when I came out of the field I was quite unsensible.

Did you tell them how he had used you? - I said if you had not come up to me, this man would have murdered me.

What more happened, did they stop him? - They stopped him, and my Lord, they asked me what was the matter; matter enough says I, this man has used me very ill, and would have killed me if you had not come up.

What did he say? - He said Betsey, you knows me, and I knows you, and for God's sake do not hurt me.

What did you say to that? - I said, you villain, you know you would have murdered me, I know nothing of you, nor you do nor of me.

What did he say to that? - Then the watchman came up, my Lord, and took him.

What you accused him of then, was attempting to murder you? - I said he had me by the throat, and I verily believed he would have murdered me if they had not come.

That was what you accused him of then? - Yes.

After the watchman took him, what passed? - When the watchman came up to him, they asked me to go to a public house to make it up.

Who asked you to go to the public house? - He asked them to ask me, I said I would do no such thing, by that means he was taken into the public house, and I gave a written charge over him, because they refused to take him without it.

The watchman has that now? - I do not know.

The watchman is here? - Yes.

The watchman took your written charge, and for a ght you know he has it still? - I believe he has I think he gave it to the constable of the night.

After you had given the written charge, what was done then? - The gentlewoman took me into the parlour, and gave me a smelling bottle to smell to, and he begged very much to make it up.

What house was this? - Somewhere by, I not know the house.

Is she here? - No, but the people who came up to my assistance were in the room with me.

Now what time of the night was this when you were in the public house? - I think it was a little past ten as nigh as I can tell to the best of my knowledge.

Did you go home? - No, I told them I was going to meet Mr. Peacock at Florida gardens, and the gentlemen went with me.

About what time of the night was that? - I believe it was eleven, if not more.

Then you went with the gentlemen that came to your assistance, to meet Mr. Peacock? - Yes, at the tap, my Lord.

Did you find Mr. Peacock there? - No, the person said he had been there but was gone.

What is Mr. Peacock? - He is a lifeguard's-man.

When you found he was gone, what did you do? - Then we came down as far as the field where he dragged me, and the gentlemen said shew us whereabouts it was that you was knocked down, and I did shew them, then after that we came home; one of the gentlemen lives at Knightsbridge, by that means we went by his door, then the other gentleman went home with me; when I came home Mr. Peacock sat at the door waiting for me.

What time was that? - I believe it might be twelve o'clock as nigh as I can recollect.

What did he say to you for disappointing him? - I spoke to him first.

Were you not afraid he would be angry? - I thought he would be rather uneasy.

Did not you think he would be angry? - I did not know what to think, I dare say he did not know what to think was become of me.

Did you not think he would be angry with you? - I thought, my Lord, he would be uneasy about me.

Were you not afraid he would be angry with you? - For what?

For disappointing him, appointing him to meet you at Florida gardens at nine o'clock, and coming home at twelve? - I thought he would wonder what was become of me.

You spoke first to him? - Yes.

What did you say to him? - I said it is God's mercy that I had not been killed to night.

What answer did he make? - How so? says he; then I told him all I have told you.

The man was in the custody of the watch, was he not? - Yes.

What did he say when you told him all about it? - Says he, the rascal! I wish I had come by at the time.

You say that you struggled on the pathway for about a quarter of an hour before he dragged you into the field? - A good while before.

After he had got you into the field, he tried three times to push you into the hedge? - Yes.

After he knocked you down, he was about a quarter of an hour on you before he clapped his hand upon your throat, and deprived you of your senses? - Yes.

And that he was about half an hour in the whole? - Yes.

You were crying out as much as you could for help? - Yes, my Lord, I screamed out very much.

And nobody came past for half an hour? - I never heard or saw any body till those people came by.

If they had they must have heard you? - Yes.

You say that when you complained to these people, that he had almost murdered you; he said Betsey, my dear, I know you, and you know me? - Yes.

Did you know him before? - I never saw him in all my life.

This was a very familiar way of speaking from a person whom you never knew before? - Yes.

You never saw him before? - Never in all my life.

Prisoner's Counsel. What is your name? - Mary Hunt .

How long has that been your name? - Ever since I have been born, christened however.

Have you never gone by any other name? - I have been called Mrs. Peacock, because I live with him.

Then you sometimes call yourself Mrs. Peacock? - Other people calls me so.

You yourself do so, do not you? - I do not call myself so, because I know I am not.

Then you never call yourself so? - I have called myself so when people have asked me my name.

When you gave this charge, was it in the name of Hunt or Peacock? - Peacock.

How came that about? - Because we lives together as man and wife.

When you came before the justice you said Peacock then, and said you was married? - I do not know what I said there, the gentlemen that committed him asked me if I was married, and I said I beg pardon I am not.

How came you to give this information to the watchman in the name of Peacock, and the next day when you came before the Magistrate then to give the name of Peacock again? - Because I did not think it was any harm.

How came you to say that you was married? - I do not know that I said I was, I will not say that.

How long have you lived with Peacock? - Three years.

How long is it since your friend Jackson died? - I do not know the name.

The man who lived with you before, Jackson the coachman, what is become of him? - I know nothing what is become of him, nor where he is.

Do you mean to say he did not live with you? - He used to come to see me.

Did not he cohabit with you till the time he was hanged? - No, I will take my oath of it he did not.

How long had he left off living with you? - He never did live with me, he used to come to my apartments.

Did he never lay with you? - He never did.

There are people here who will prove it, he used to go into bed with you I suppose? - He never did.

Where did you live at the time he used to visit you? - In Kensington.

In what place? - Jennings's Buildings.

Did you live at that place before when the parish officers told you they would take you up as a disorderly woman? - They never told me they would do it.

Were you not threatened by the parish officers, that you would be taken up as an infamous woman in that neighbourhood, if you did not quit Kensington? - There was something of that sort.

Tell us how that was? - There was a person who was a parish officer that followed me home, and I be not ashamed to tell of it, and he said if you do not let me go up stairs with you, I will get you sent away from here; I went up stairs, and hid myself in another person's apartment, and the next morning he came and ordered me to be taken up.

Did not he say he would take you up as a common street walker? - No such thing.

As a common nuisance to the neighbourhood? - No, he had no reasons to do it.

Court. He might say it without reason, did he ever so? - He said he had orders from the parish; I asked him what for, and he laughed it off, and went about his business.

You had a gentleman with you at the time he followed you? - No.

Do you mean to say upon your oath that you are not the woman I have described you to be? - I lived in Jennings's Buildings.

What name did you go by there? - Hunt.

Did not you go by the name of Jackson? - No, I did not.

I caution you to be upon your guard, as I have witnesses to prove you did? - They have called me Jackson.

The unfortunate Jackson, you went by the name of, suffered here for a robbery? - I do not know that.

How came you to go by the name of Jackson? - Because people called me so.

Because Jackson had come backwards and forwards? - He was set on by the Kensington people to come to me.

Who set you on to visit him in Newgate when under sentence? - So help me God, I was never there.

How long did Mr. Jackson continue these visits? - He came there five or six times.

In a week? - In his life.

Do you mean to say that you and he did not pass as man and wife? - No.

Did you go by his name? - Yes, Mr. Peacock was connected with me when I lived at Kensington.

If Jackson used to visit you, and you went by his name, how long did you go by his name? do you go by the name of every gentleman that visits you? did you go by his name? - At no time as I know of; if they had a mind to call me so, they might.

How long did they call you Jackson? I do not know.

How long did you live in Jennings's Buildings, Kensington? - I do not know how long.

Did you live there a week or a month? - I lived there I think about six weeks.

You living at Kensington six weeks, thought it convenient to go by his name? - No, I did not think any thing about it.

How came they to call you so? - I do not know, if people call me so I cannot help it, I told them my name.

What name do you chuse to go by now? - Hunt.

When did you first think of charging this man with a rape? - I did not think any thing about it till after.

When did you first think of charging him with a rape; you told Mr. Peacock that you had like to have been murdered? - I had reasons to think so.

How so, as to connections, you might be sure they would not kill you, that you had tried before often, how came you to think of this rape? - Because he took me against my will.

You told the people who came up that you thought he would have murdered you, and did not say a word of the rape? - I did not chuse to tell them; I did not think it was prudent to tell men.

How came you not to tell the lady of the public house? - Because she did not ask me any questions.

I should have thought you might have told her how ill you was used, you were bruised I take it forgranted? - No, Sir, I was not bruised.

No black or blue marks at all? - No.

Nor your clothes not tumbled? - My bonnet was bent.

Were not your clothes much tumbled? - No.

So that a person seeing you, could not suspect any thing unless you told them? - They certainly might see what situation I was in.

This gap you got through is a small gap? - No, Sir, a wide one.

Is there a ditch there? - No.

He took you by the hand? - No, he took me round the middle, and dragged me.

Did not he tumble your clothes? - My bonnet was doubled.

That would have happened you know if you had lain down of your own accord? - You would not have him kill me.

No, no, I would not have him hurt you? - Then you think a woman is not hurt, unless she is quite killed.

What injury you might receive in those parts would not hurt you know, you had tried that before; the moment you saw his breeches down, it must alarm a lady of your nice feelings, why did not you run away? - Because he laid fast hold of me.

So that he was standing there to catch any that might come that way? - Very likely.

So he continued in this state for half an hour, till all this mischief was done? - Yes.

Were his breeches quite unbuttoned when you first came up to him? - What I told you before is the truth, I do not mean to tell any thing else.

Were they quite unbuttoned? - They were undone, that is sufficient.

Were they quite undone? - I shall not tell you.

Were they quite unbuttoned? - Which way do you mean, Sir.

You know what breeches are, were they quite unbuttoned? - Yes, Sir, they was unbuttoned, and what he had he had out.

Which way were they undone? - You knows if you please.

No, I would rather have it from you, be so kind as to describe how they were undone, was the waistband unbuttoned? - No, Sir, that was not.

Not all the time? - Yes, Sir, after he got me into the field.

Was it before you were insensible? - Yes, Sir, when he knocked me down, and when he was upon me.

you, were there any marks? by your account, they must have been uneasy to you? - He unbuttoned his breeches when he was upon me; he knocked me down, and got upon me, and when he was upon me, he unbuttoned his breeches.

What before he had connection with you? - Yes, it was before that he did that.

You saw him unbutton his breeches completely? - When he knocked me down his breeches were unbuttoned.

When you came before the constable of the night, you told him this? - I did not go before the constable of the night.

Did you tell the gentlemen? - They did not ask me, I told them how he had used me, and I told them that he had behaved very rude to me.

Did you tell the watchman of the night that he had ravished you? - I did not tell him any such any thing.

Is this the charge you gave?

(Shewing it.)

Yes, for all I know.

" Mary Peacock charges (blank,) with

"violently assaulting her on the king's

"highway, and with striking, beating,

"and knocking her down, and carnally

"knowing her." Is that right? - Yes,

Sir, it is.

Now I will tell you what the charge is,

" Mary Peacock charges (blank) with

"assaulting her, with an intent to commit

"a rape, and getting her into a field, and

"knocking her down, and taking very

"indecent liberties with her." That is the charge as it is in writing? - What I have told you is wrote down.

How came you to tell me this moment that you had charged this man with having ravished you, when you must know you had not? - I cannot recollect whether I told them so or not, I told them that he had used me very indecent.

When I read the charge of a rape, you immediately said you had charged him with a rape; how came you to say so, when you say you do not know what it was? - I do not recollect.

If you did not recollect, how came you to say so? - I cannot tell.

Court. You say you did not think it decent to tell these men? - I told them that he had used me indecent, but I did not tell them all the particulars; they asked me in what manner he had used me, I told them, but I did not like to tell them all the particulars.

How far is this place from any house? - I do not know, the Bell and Horns is the nearest house, that is at one end of the field, and the other end comes up to the place.

One of the Jury. The sols had had a dinner there that day, and there must have been a great many people passing by; we are satisfied.

value 10 s. 6 d. the goods of the said Thomas Vernon , in his dwelling-house .

And JANE VANDEBUS , otherwise BOND , was indicted, for receiving part of the said goods knowing them to have been stolen .

THOMAS VERNON sworn.

I live in Princes-street, Leicester-fields; I have also a house in Mary-le-bone-fields , where we sleep in the summer; and when I do not go myself, I always send a servant as a guard to the house; on the 14th of July I sent a servant not sleeping there myself; the next morning he returned to town; the next evening he went as before, and returned the same night; he informed us -

Court. You must not tell us that; is that all you know of your own knowledge? - Yes.

JOHN PURDIE sworn.

I am servant to Mr. Vernon; his house was broke open on Sunday the 15th of July, at what time I cannot tell; I was not there.

When had you seen it last before? - The same morning; I left it about seven o'clock.

Did you leave any-body in it? - No, nobody; I returned to it again at about half past nine o'clock; as I was going in at the gates, I found two boards pulled off from the paling that goes round the garden, that was not done when I left it; I opened the gate and went in, and there were some long stakes laid across the gateway, I knew they were not there when I left it; I went into the house and struck a light.

Was it dark? - Yes; I looked about and saw there was a hole broke out, from the stable into the kitchen.

How large was the hole? - I cannot say, but it was large enough for me to go in and out, but not quite so easy as I could wish to do; after I perceived that, I was terribly frightened, for I did not know but there might be somebody in the house at that time; I went up stairs, and found my master's things all thrown about the floor in the dining-room, the drawers and scrutoire broke open, two knives, and a screw-driver which was broke, on the ground, all the cupboards up stairs were open; I went back immediately, and told my mistress of it; she desired me to return again as quick as I could; I went and took a man to stay all night with me, and that is all I know about the matter.

ANNA MARIA VERNON sworn.

I am the wife of the prosecutor; I went to our house in Marybone-fields, on the Monday morning, the 16th of July, between seven and eight o'clock, I saw in the kitchen, the hole that had been made out of the stable; I found the scrutore up stairs broke open, and a great deal of linen lying about the room; upon examining, I missed the things mentioned in the indictment. (Repeats them.) some of them belongs to Ann Vernon , my mother.

Have you seen those things since? - Yes, some part of them.

Mr. Knowlys, Prisoner's Counsel. How long might you have seen the riding habit before you was alarmed, that your house was robbed? - I saw it on the Monday morning.

Then from the Monday to the Saturday, you had not seen it? - No.

Were your servants used to go to your house at Marybone, when you were not there yourselves? - Yes, the porter.

Neither Mr. Vernon nor you had been there from the Monday to the Saturday? - No.

You had seen none of the things you missed since the Monday preceding? - No.

ANN LYNUS sworn.

I live in Greek-street, Soho.

What are you? - I keep a house there.

Are you of any profession? - No, I am a person of a small fortune; I bought this riding habit of the woman at the bar and Gregory.

What day of the week was it? - Either Monday or Tuesday, I am not certain; it was about two o'clock, the woman's son, a little boy, lived servant with me, as an errand boy; she came frequently to see her son, and met me one day in the passage, and asked me if I wanted a riding habit; I told her I did not want one much; she told me she knew a man that had one to dispose of, and would sell it reasonable, because his wife was dead, and he wanted money to pay the funeral charges; she came again the same day with it, and brought Gregory with her; I asked her the price of the habit; she said the man could afford to sell it cheaper, on the account he wanted money; she told me it was a guinea and a half; I gave her half a guinea, and told I had no more change; I told them any other time they chose to call, I would give them a guinea more; some time after I was out about some business, and Gregory, who owned it, called for the money.

Did he come with the woman before? - Yes, he stopped in the passage while she came to me; I paid her no more than half a guinea.

Mr. Knowlys. You say this woman's son served you as an errand boy? - Yes.

The woman told you there was a man had a habit to sell, who had lost his wife? - Yes.

She never represented that this habit was her's? - No.

You understood her to be bringing you this to accomodate a neighbour? - Yes.

You did not understand her as making any bargain for herself? - Certainly not.

You know this woman very well? - No, I do not.

I do not mean as having any intimacy with her, but you know her by sight as coming to your house to see her son? - Yes.

Court to Mrs. Vernon. Have you ever worn this habit? - Not above three or four times?

What did it cost new? - I believe about five guineas.

JOHN IDEVEY sworn.

I know nothing of the prisoners committing the robbery, any further than what they told me; about the middle of July last, I was sitting in a room at George Bragg 's, No. 7, Long-acre.

What is Bragg? - A receiver; I was sitting there with Vandebus and Everard, and they told me they had done the house facing the Jews-harp-house, in Marybone-fields, and had got a great coat, and a pair of boots, which I saw in their possession, from that-house; Vandebus bought the coat and boots of Everard for five shillings.

Had you any conversation with them relative to this robbery? - No, only they told me that, and that it was done of a Sunday afternoon.

Do you know Mr. Vernon's house? - Yes.

Is Mr. Vernon's house opposite the Jew's-harp-house? - Yes.

What is the meaning of doing a house? - The meaning of it I suppose is the robbery.

Did they tell you at what o'clock in the afternoon? - Yes, between four and five,

Was any body in the house? - Nobody that I know of; they did not tell me whether there was or not.

Do you know any thing else? - Yes, I went with Gregory and Mrs. Vandebus, to Mrs. Lynus's; he went in, and I staid at the door; Gregory came out, and shewed me half a guinea.

Did Mrs. Vandebus go into the house? - No not when I was with her, she and I sat withoutside the door of the next house.

body else, where this habit came from? - Gregory said it came from the house opposite the Jews-harp-house.

Did he tell you when it came from there? - No.

Did the woman? - No.

Why did she go with you? - Because she was to have the money to carry to her son.

JOHN LAYTON sworn.

I am a pawnbroker; on the 24th of July, Jane Vandebus pledged this silk gown with me for five shillings. (Produces it.) She told me to take particular care of it, and said she had had it many years, that it was a gown she greatly valued.

(Deposed to by Mrs. Ann Vernon.)

WILLIAM BLACKETER sworn.

On the 28th of July, I searched the lodgings of John and Jane Vandebus ; I found this waistcoat, and this pair of boots on the bed. (Produces them.) I searched Mrs. Vandebus, and found the duplicate of the silk gown in her pocket.

Mr. Vernon. I will not venture to swear to the boots; my boot-maker is here, I believe he can.

Was there a pair of boots in your house at the time of this robbery? - Yes.

Was there a waistcoat? - Yes.

Mrs. Vernon. I know this waistcoat to be my husband's, from a mark on the back of it.

Was it in the house at the time of the robbery? - Yes.

ANDREW MATTHEWS sworn.

I am a shoemaker; I made this pair of boots for Mr. Vernon.

Are you sure? - If they are Mr. Vernon's, there is his name in my own writing, withinside the top of the boot; I will rip it to see. (Rips it.) Here it is, my Lord.

EDWARD WILLIAMS sworn.

I let part of my house to Jane Vandebus .

Who do you let the rest to? - Different people.

Has her son any part of it? - She took it for herself and her son; it was his home.

Do you know that? - Yes, I have seen him come in at night, and go out in the morning.

Prisoner John Vandebus . I have nothing to say.

GREGORY's DEFENCE.

I am innocent of the robbery.

EVERARD's DEFENCE.

I am innocent of the robbery.

JANE VANDEBUS 's DEFENCE.

I know nothing of the charge; I found Mrs. Lynus kept a very bad house, and I took my son away; I made a riding shirt for her, and she never paid me for it; she said she would transport me if it was possible; I have worked for Mr. Priddle, in Bond-street, sixteen years.

705. WILLIAM RUCKWATER was indicted for stealing, on the 24th day of August , a looking-glass, value 3 s. a sheet, value 2 s. 6 d. and a copper tea-kettle, value 2 s. the property of William Shawe , in a lodging-room .

714. RICHARD CARR was indicted for stealing, on the 30th day of June last, two linen shirts, value 6 d. one pair of cotton stockings, value 12 d. two linen handkerchiefs, value 2 s. and one cotton ditto, value 2 s. the property of John Halsall .

The prosecutor called, and not appearing, the prisoner was ACQUITTED .

717. HENRY STERNE was indicted for that he, on the 4th day of June last, in the parish of St. Martin in the fields , in a certain court and open place near the king's highway, in and upon the Right Honourable Henry Somerset , Duke of Beaufort , did make an assault, and put him in corporal fear and danger of his life, and feloniously did take from his person and against his will, one badge called a George, made of gold and silver, and a certain precious stone called an onyx, and divers diamonds, set in and upon the said badge, value 500 l. the property of the said Henry Somerset Duke of Beaufort.

A second count, changing the said Henry Sterne, with feloniously stealing, on the 4th day of June last, the said badge, the

The Indictment opened by Mr. Garrow - and the case by Mr. Fielding, as follows:

May it please your Lordship, and you Gentlemen of the Jury, the crime which you have now to enquire, as it is imputed to the prisoner at the bar, you have collected from the indictment, which has been stated to you by my learned friend, and it will call upon you for two distinct considerations; first, whether the transaction will amount to the crime of a highway-robbery; or, if not to that, whether to the offence of privately stealing from the person of the Duke of Beaufort? Gentlemen, the heads of the evidence, which I shall presently lay before you, will be comprised in a very short compass, for, as the transaction was of a very short duration, and the detection of the criminal almost instantaneous, these facts will be necessarily short that will constitute your enquiry; Before I state them, I cannot help suggesting to you the public importance of this prosecution, prosecuted as it is by a personage of the most exalted rank, against an offender of a very marked description: Probable it is, that this instance of the effective administration of justice may be universally known, and if, on the result, you are convinced of the guilt of the prisoner, as probable it is that awful solemnities will attend that example to which he must be doomed. Gentlemen, truly lamentable indeed it is, to reflect on the miserable situation of this metropolis, infested as it is now and has been by such swarms of offenders; banditties assembling together, no place, however sacred, secure from their encroachments; the church itself infested; the palace of the Sovereign, every avenue of this metropolis, wherever you can pass, none of those places are secure from these depredations, which are carried on with such a front of audacity, where they assemble together in such numbers, that even at day you are not secure, and at night, if you happen to be returning home, you are alarmed and afraid of some attack on your person: I do not mention these circumstances to touch your feelings, I have have had the honour of seeing some of you before, I know the manner in which you have discharged this duty. Gentlemen, if the laws themselves are defective for the security of our persons, we can only lament it; but if, in the execution of those laws by the inferior magistrates, there is either a want of vigilance or activity, we have a great right to complain; and I am but too much afraid we have that right; for if there was a proper activity to prevent, I am sure that measures would be effectually adopted for our preservation. Our theatres particularly, that form the nurseries of these creatures, might surely be guarded and watched in a very different manner; and I am afraid the unhappy wretch now at your bar owes his present miserable situation to the want of that vigilance. Gentlemen, I shall now proceed to state to you that evidence which is the foundation of the present prosecution -

Prisoner. My Lord, I humbly request you will order this servant out of court.

Court. Certainly.

Mr. Fielding. Gentlemen, on the 4th of June last, which you know was the birth-day of his Majesty, his Grace the Duke of Beaufort had been at court at St. James's; as he was coming from court, when he came down into the first larger court, not finding his servants ready, his Grace made his way into a lesser court, which they call the Kitchen-garden-Court, there, looking for his servants, he stood in a situation, where, as a carriage was drawing up, his Grace found himself suddenly pushed about in a very extraordinary manner, and the prisoner at the bar and another person immediately near him, and who were the people who pressed upon him; the Duke turned to them and asked them what they meant, and, though they must have seen his Grace, with his ribbon about his shoulders, and must have known his rank, they gave him a very extraordinary answer, including a question,

don't you see the carriage coming?" the Duke turning about, the men left him, his Grace happening to put his hand to his side, where the George was suspended at the end of the ribbon, he found it was gone; he immediately called to one of the marshal-men that he had lost his George, one of his Grace's servants immediately arrived, and hearing what was said, he saw two men going off, he immediately pursued them, and took them both by the collar, (one man was in black, the other was the present prisoner at the bar,) he told them what he suspected, the prisoner at the bar seemed to put on a front of indifference and boldness; the servant suspecting him more than the other, says he, you have got it in your pocket; and instantly rushing his hand into his pocket, he brought from the prisoner the very George that was taken from the Duke; so that you see as to the outline of the transaction, as to the theft by the prisoner, there can be no doubt.

Gentlemen, it is necessary, in order to constitute the offence of a robbery, that the person from whom the property is taken should be previously put in fear; what that degree of fear may be, will come better from my Lord than me; as to the other offence, that of privately stealing, the law in its administration has been at all times, and especially in the construction that has been put on that statute (the offence of privately stealing being a capital offence, whereas the stealing unaccompanied with that circumstance is within the benefit of Clergy) the Courts have always been attentive to the merciful circumstances, and extended their constructions favourably, extremely far indeed; but I conceive in the present case, that there will be no doubt at all as to that degree of charge being brought home to the prisoner; the Duke himself was not apprised of this till the property was gone, therefore it was taken from his person clearly and demonstratively without his knowing any thing of the matter, therefore privately. In many of the offences that have been brought forward here, and where there has been agitations of law, I conceive the Court never went further than this, that where the person himself may not have known of the thing, yet some person connected with him does, as for instance, if goods are stolen out of a shop, though the master may not see the goods taken away, yet if another person has seen it, that will differ extremely from the present case, and I conceive without any farther observation, that no advantage can be derived to the prisoner from that consideration; I shall therefore proceed to call his Grace to tell you the story.

His Grace the DUKE of BEAUFORT sworn.

Mr. Garrow. Will your Grace be so good to tell this story, what passed? -

As I was coming from Court, on the 4th of June, my servant informed me that my carriage was in the inner court, I went towards the inner court, under the gate-way; there, a carriage coming by, I found myself surrounded by several people; after the carriage was gone, I, putting my hand to my side to feel for my George, I found it gone; the George was suspended by the ribbon; I immediately said aloud,

"I have lost my George!" and the next I saw of it was in my servant's hand, which was in about a minute; my servant then had hold of a person, but I cannot swear it was the prisoner, he had hold of a man.

Had your Grace seen the prisoner at all before your servant produced the George? - No, I had not.

You had no recollection of his person? - None at all.

Did you Grace perceive the George, taken from your person? - I did not.

You did not know that you had lost it, till you put your hand down to your side? - No, I did not.

Was there any person about you, very near to you immediately, before you missed it? - Several persons were very near to me; I have had the possession of the George since; I have it now, (Produced.)

Court. Is this the George your Grace had to your ribbon that day? - It is.

Is your Grace sure you had it when you came out of the palace? - I am sure I had it when I was in the gate-way.

Mr. Silvester, Prisoner's Counsel. Your Grace was not at all alarmed, I take it for granted? - No otherwise alarmed than by being pressed.

There was a great croud there? - Several people.

I believe there is always a great croud there on a birth-day to see the people? - Certainly.

Your Grace did not observe the person of the prisoner? - I had not.

Had you observed the persons of those that were close to you? - There were two men in black that were taller than me, close to me.

Was the prisoner in black? - I do not know, he was in blue at the justice's.

Your Grace's idea was that the person in black had committed the robbery? - I said two persons in black stood by me.

Did your Grace call out to stop those persons in black? - No.

Court. The prisoner was not one of them two? - No.

Prisoner. I beg to refer to the copy of the examination, for his Grace said there, that one of the men in black had his George.

Court. Did your Grace on the first examination charge on suspicion either of these men in black? - I did not.

THOMAS WILLS sworn.

I am servant to the Duke of Beaufort, I attended his Grace at court.

When you first saw the Duke, what was the matter that first engaged your attention? - I heard his Grace say he had lost his George.

What happened immediately upon that? - His Grace said it is one of these men; there's a man in black, pointing to the two men in black.

Were the two men in black? - No, one in blue and one in black; when they came up to his Grace, I heard his Grace say he had lost his George, pointing to the two men, one of these men was a man in black; his Grace said there is a man in black; but he said before, one of these two; I ran after the men immediately, they were running away into the Secretary of State's yard, into the first passage on the right hand, I ran after them, I saw the men run into the yard, I saw them turn into a narrow passage, I saw them in the passage, and ran up to them.

Were there any other persons accompanying them, or only them two? - Only them two; I then put my hand towards the man in black's pockets, and felt nothing, I immediately put my hand to the prisoner's pocket, and he shied, clapping his hand to his pocket and shied, I immediately took him by the collar with my right hand, and put my left hand into his right-hand coat pocket, and pulled out the George; William Shipman , the marshalman was there; I kept fast hold of it, I brought the prisoner, and delivered the George to the Duke with my left hand, and had hold of the prisoner with my right.

You have no doubt of course of the identity of the prisoner? - He is the same man, I never quitted him from the time I took the George out of his pocket till he was put into the black hole.

As soon as you heard the Duke say he had lost his George, your eye was very shortly turned to these men? - Directly, they were running away.

Mr. Silvester. The first thing you saw or heard was his Grace saying he had lost his George, and pointing to the two men, saying, there is a man in black? - The prisoner was in blue.

What became of the other man? - As soon as I took the George out of the prisoner's pocket, he made off.

The fact, is that the man in black made his escape and ran away? - He ran away immediately.

Court. You observed nothing before you heard his Grace say he had lost his George? - I did not.

I am one of the marshal-men who was attending at the palace, on the king's birth-day; I saw the prisoner apprehendded, I saw his Grace standing waiting for his carriage to go home, I kept the further gate in Cleveland-row, and I saw people rather I thought surrounding his Grace, and I walked down for fear any thing should happen, I thought, as they knew me it might rather deter them from going down; the moment I went down his Grace said that he had lost his George, I told his Grace I was afraid there were suspicious people about, and I came on purpose, and I asked if he could describe any of them; says he, there is a man in black just gone that way; the footman came up that moment, and he heard him mention the man in black, and he pursued; I saw a man in black, and another in blue, that was Mr. Sterne, the men were both running, we ran as hard as we could, the servant came up and took the George out of Mr. Sterne's pocket.

Mr. Garrow. Had you observed Mr. Sterne before the Duke came out of the palace? - I had not. I never knew the man before he was secured and taken to the black hole, I took him myself, I never quitted him.

Did you see the George taken from the Duke? - No, I did not see the George till it was taken from the prisoner.

Court. Which of the courts was it in? - I think they call it the stable-yard.

Is that in St. Martin's parish? - Yes.

Mr. Silvester. You was up rather before the servant? - Nearly together.

Tell us exactly what it was his Grace said to you? - He said he had lost his George, and I said I was afraid there were some suspicious people, and asked him to describe any one, I would search them.

What did his Grace then say to you? - He said there is one in black just gone that way, and directly we ran.

Therefore after you had desired his Grace to describe the person, he said there was a man in black gone that way? - He said he had observed a man in black near him.

Were there any more people in black at that time near you? - No Sir, I did not see any thing more particular, but seeing these men run, we did not follow any body else, Thomas ran up and felt the pocket of the man in black, then says he, it is here, one of them has it, and he took the George out of the pocket of Mr. Sterne.

Court to the Duke. Was the ribbon cut? - It was not; it was taken off by untwisting the diamond knot. (Shewn to the Jury.)

Court to the Prisoner. Do you wish to make any address to the Jury by way of defence?

Prisoner. I only submit it to their consideration.

Mr. Silvester. Did not your Grace's sword-hilt get intangled in a coach-wheel at the time? - No, not the hilt, the end of the sword was intangled in the wheel.

Mr. Silvester to Shipman. This George was taken from the outside coat pocket, was not it? - Yes.

Not from the waistcoat? - No.

Prisoner. My Lord and Gentlemen, I hope the great rank of the prosecutor, and the illiberal manner in which I have been treated by the papers, will only tend to operate in the minds of the Court in my favour.

Court. Undoubtedly, the Jury will divest their minds of every prejudice as they ought to do; I see a Jury from whom you have nothing to apprehend, Sir.

Court to Jury. Gentleman, the prisoner is indicted on two separate and distinct charges, included in one indictment; there are two counts in the indictment, and there are two charges, not only separate and distinct, but extremely different, I may say opposite, in their nature; for the circumstances that support either the one or the other of these charges, expressly exclude the possibility of the other; the first is the offence, commonly known by the name of a highway robbery, which is a taking from the person either by actual force and violence applied to the person

who is robbed, or by putting him in such fear as induces him to part with his property; that is the general idea and description of a highway robbery, and that is the offence charged in the first count of the indictment: The second count charges an offence, which appears on the face of it, inconsistent with the former charge; for it is stealing the same property privately from the person of the Duke of Beaufort, which is always so laid as not to be perceived; it therefore clearly excludes all idea of a highway robbery; for it is either taken by force, or the effect of fear, that necessarily supposes that the person must perceive the violence, or the impression of fear, and must see the person that takes the property; and the evidence most clearly and unquestionably applies to the latter; for there is no circumstance of violence whatever spoke of by his Grace the Duke, or any of the witnesses, and to be sure the evidence which appears to have been very correctly given, does certainly prove that whoever was the hand that took the George from his Grace the Duke of Beaufort, stole it privately, and therefore it comes within the second charge of this indictment. You will observe in your consideration of the evidence, particularly, that I state whoever was the hand that took it; because in the construction of this law, which is a very severe one, making it a capital offence to steal property, even of a very small value, privately from the person of a man without any personal violence to him, which can concern his life or safety, it has always been taken in favour of the person accused; and as this act of parliament deprives the person of the benefit of his clergy, it does not extend in express terms to persons aiding and abetting the commission of the offence. The construction, therefore, that has been put on this act, is, that the hand alone who takes the goods is guilty of the private stealing. In stealing privately in a shop, the law has been otherwise taken, because there it is expressly mentioned. Gentlemen, I am happy in this opportunity of stating the law in the presence of three learned Judges, who will correct me, if I have mistated it. The next thing that is suggested to you by the prisoner, was what I should have mentioned to you, that there are two circumstances which you ought to lay wholly out of your consideration; neither the high rank, and justly respected character of the prosecutor, nor any supposed notoriety of character in the prisoner, ought to make the smallest impression on your minds; you are to consider the prisoner in the light of an innocent man, taken up on grounds of suspicion for having committed this offence, and you are to judge on the evidence against him, as you would against a stranger, or your neighbour: If you are of opinion that he committed this fact, whatever his former character might have been, it will be your duty to find him guilty; if on the contrary, you think that on any part of the charge he is not guilty, whatever impressions may be raised against the prisoner, it will be equally your duty to acquit him. (Here the learned Judge summed up the evidence, and then added:) This is the whole of the evidence I have already stated to you, that the evidence which is very clearly and distinctly given, leaves no room to doubt that the George was privately stolen from his Grace; the only question consistent with the evidence, is, whether you are satisfied that the prisoner was the man who actually so took it? the circumstance of finding stolen property in the possession of a man, is always considered as evidence, to shew that he was the person who stole it; and in itself, simply considered, it is also evidence, that he was the person who stole it in the particular mode in which it was stolen, whatever that may be; if goods are stolen out of a house by means of a burglary, the possession of those goods unaccounted for, especially if under circumstances that raise additional suspicions, and very recently after the fact committed, is evidence, not only that the party stole the goods, but that he committed the burglary in that particular manner, unless something to the

contrary appears; so in a highway robbery, the possession of a watch, or whatever property, is evidence that he took it in the manner in which it really was taken; so with respect to this offence, if nothing to the contrary appears, the finding property which is privately stolen, immediately after the stealing, in possession of a man who cannot give any account of it, is evidence that he privately stole it; but that evidence may be explained like all other evidence; and therefore it is for you to consider, whether in this case, under all the circumstances that have been stated, you give that effect to the evidence, which simply is the inference of law from it, which is, that the prisoner Sterne, in whose possession the George was found within little more than a minute from the time it was taken from his Grace's person, was the very hand who took it from his Grace, or if he was not: if it was taken by the man in black, though in that case the prisoner is guilty of larceny, equally guilty of the stealing with the man who took it; yet under this act of parliament, he is not guilty of private stealing; you are therefore to consider whether you are satisfied that the prisoner was the hand that took his Grace's George; if you believe the facts, there seems to he no doubt but he was concerned in taking it; but if you are of opinion he was the hand that took it, you will find him guilty of the whole charge. It is not perhaps a case where you should lean without all reason to make an inference against the evidence; but if you find any just ground to doubt whether the prisoner was the hand that took it, or whether the man observed by his Grace, might be the hand who took it, and hand it over to the prisoner, which is the frequent mode of committing these kind of robberies, then you will find him guilty of the stealing only: According to your opinion on that fact, your verdict certainly ought to be; if you are clearly satisfied the prisoner himself took it, you will find him generally guilty; if not, you will find him guilty of stealing only.

The Jury retired for sometime, and returned with a verdict

NOT GUILTY of the highway robbery, GUILTY of stealing, but not privately .

718. WILLIAM WELLEN was indicted for that he, on the 27th day of August , on Mary the wife of John Davis , feloniously did make an assault, and her the said Mary, against her will, feloniously did ravish, and carnally know .

MARY DAVIS sworn.

I live in Bull-head-court, Cow-lane, Smithfield; I am wife of John Davis , and have been twenty-four years; I married in Wales, at the parish of Derwen.

What have you to say against the prisoner? - I got to say he used me ill.

When? - Three weeks ago last Monday night.

Where? - At the garret.

What garret? - Cow-lane, Smithfield, Bull-head-court , where I live; I lodge in the two pair of stairs.

Does your husband live with you? - No.

Where does he live? - My misfortune is, my husband has been transported a year and a half, as much as I remember; I maintain myself by hard work, and taking in washing ; I get three shillings a week of the parish to help me.

What parish? - Moor's-yard, Old-fish-street.

Now, madam, you say was ill used three weeks ago last Monday night, what hour of the night was it? - I let him in; he lodges in the garret.

Whose house is it? - Mrs. Smith's;

How came you to let him in, did he knock or ring, or what? - My head was out of the window; it was after the watchman had gone eleven; I saw him at the door; I asked him if he belonged to this house; I did not know him directly, till he spoke to me; I let him in three times before; I never saw him in the day light, only three nights; he asked will you please to let me in; I let him in; I go to speak to the old lady over the way after I let him in; I speak about ten minutes, or a quarter of an hour to the old lady over the way; her name is Evans; I came in, I bids her good night; I came in, and fastened the street door,

and this here man, after I came in and fastened the street door, was laid down in my passage, before my door; I asked him what business he had there, without going to his bed; he get up, and go two or three steps on the two pair of stairs, and he begin swear in a such manner he was not in right house; I told him, yes, you are in right house; I am very sure of it, and he asked me to give him a light a little higher; I say, yes, I a'nt to find you candle to go up stairs; he go higher up on the garret stairs, I go after him, and give him a light.

The garret stairs is the third pair of stairs? - Yes, and he begin swear in such a manner he was not in right house; I say, yes, you are in right house, I am very sure of it, what do you talk in that manner; I told him I would call the landlady of the house to let him know he was in right house; when he found me going down to call the landlady of the house, he jumped to my right-hand; I was within four steps from his room, and he begin swear in such a manner he never had been asleep in that room in his life; I say, yes, all the time.

That is, you said he had? - Yes; he jumped to my right-hand, and put my candle out.

Was he behind you then, or before you? - Before me.

Had he unlocked his door? - His door open.

Had he locked it before he went out? - There was never a lock on the door; he put my candle out, and I cry murder, and call Mrs. Evans by her name.

What was the mistress's name? - Mrs. Evans; I cry murder, I call Mrs. Evans as loud as I could cry out, and he dragged me to his room.

Then he dragged you up the four stairs? - Yes, and shut the door.

Did he lock it? - No, never a lock on the door.

How did he fasten it? - He put his back on the door, and keep me from the door.

How did he look during this time? - I cannot tell in the dark.

Was it in the dark? - Yes, it was in the dark; he put his back on the door, and keep me from the door; I ask him what he want with me? do you want to murder me, let me go down to my child; I speak and cry so much as possible, murder as loud I cry out; I strike him with the candlestick I had in my hand.

Did you hit him with the candlestick? - Yes.

Where did you hit him? - In his face; I did not know where I had hit him till I saw him the morning after; I cried murder all the time, and called for assistance as loud as I could, I struggle a good while.

Was there any body in the house? - The landlady in the house in bed, and two Irish people in the house.

Where was the landlady of the house? - In her own floor in the bottom.

Who was in the two pair of stairs? - A man and his wife I do not know; I never spoke to them in my life.

How many rooms are there on the second floor? - Only one, only four rooms in the whole house.

You kept crying murder, and beating him with the candlestick? - Yes, I cried murder as loud as I could all the time; I knocked him with the candlestick; he said, you knock me with the candlestick; I said yes, I will give you more than the candlestick, what do you want with me?

What were the names of the people that lay on the second floor? - I have forgot their names.

Are they here? - No, I cry murder all the time so loud as I possibly could, at last I struggled so much with him, so much in the room, I told him villain, what do you want with me, let me go to my child; he said nothing, only if I cry out, he use me worse; what do you want with me, do you want to murder me you villain, what do you want with me; he laid hold round my waist, and chucked me on the bed.

How near the door did the bed stand? - I cannot tell, never been in the room in my life but that night.

How near? - A good bit; he want to be concerned with me on his bed; he put the clothes of the bed over my head; the top of the bed clothes.

Did he put you into bed? - No, only turned them over my head to save my making a noise; I was pretty strong, I get up on the floor, after I got on my feet, after I had been a good while on the bed struggling as much as I could, and I got on the floor; after that I had been on the bed once; I cry murder, I cry so loud for assistance so much as possibly I could, struggled pretty much on the floor with him; he chucked me on the bed again.

What did you do on the floor, was you on your legs on the floor? - Yes.

What happened then? - He put me on the bed again.

What part of the bed? - I cannot tell in the dark what part.

Have you never been in there since? - No, Sir, never.

Could you tell whether it was lengthways, or cross-ways? - I cannot tell; then he put me on the bed again, and put the clothes over my head after that; I pulled the blanket or something off from the bed with me the first time; I had been a long time the last time on the bed with him, a long while indeed.

How long? - I cannot tell rightly; I cried murder, and for some assistance, and scratch his face, and did as much as I possibly could to save myself; when he could not get his will with me on the bed, he chucked me down on the floor, between the bed and the table, that was by the bed.

What sort of a table was it? - I am sure if I go upon oath, I cannot tell what sort of a table, I never saw it only just in the room when the watchman came to take him up.

Like a square table? - Yes, and he put me down between the bed and the table, and took up all my whole clothes first, and put them over my head.

All your whole clothes? - My petticoats; some of the bed-clothes come with me off the bed, and he put the bed clothes over my own petticoats; I cry murder, and some assistance to me as loud as I could possibly cry out, I call Mrs. Smith by her name.

Is that the name of the landlady of the house? - Yes; I cry and call out murder, and call Mrs. Smith by her name to give me some assistance as loud as I could possibly, and he keep the bed clothes over my head so much, I could hardly get my breath to call; I put my left arm under the frame of the table.

What was that for? - To save me take my clothes, and assist myself to take off the clothes from my face; he keep my right-hand down with his arm; he keep his hand upon my right arm; I keep my thighs together close as possibly I could; he jumped three times on this here part to open my thighs, and he threatened me so much as possibly he could; I cry out all the time for assistance; I could hear nobody to give assistance; I cry murder, and he put his hand to my throat in this manner to keep me down; I told him what do you want with me, do you want to murder me? I cry out many times; I could not get my breath at all; when I had my breath, I cry for assistance as loud as I possibly could, and then he opened my thighs, and he had what he wanted with me.

How did he do that? - He opened my thighs.

How did he manage that? - With his hand he opened my thighs; he jumped three times on my thighs to open my thighs, and had concern with me.

How did he open your thighs? - With his hand and knee.

Which hand? - I cannot tell which hand, because I had nothing to see in the dark.

And kept striking him with the candlestick? - No, he had taken the candlestick out of my hand a good while before, and chucked it on the floor.

You say he had concern with you the same as your husband? - Yes.

How long? - I cannot tell how long, he be a good while.

How long? - I cannot tell how long he had been with me.

How long? - I cry murder, he had concern a good while, about five or six minutes in my knowledge.

You are sure it was no more? - I cannot tell, I was sadly flurried, and kept crying out murder all the time, and knocked my heels against the wall.

What happened afterwards? - He began to be still a good while; I had scratched him and knocked him, and I cry murder; I told him so much, you villain do you want to murder me, what do you want with me.

Did you say all this loud? - Loud as I could cry out so long as I could; sometimes I could not cry at all, he kept his hand over my throat.

You say he was a good while on you; did you perceive any thing come from him? - Yes, same as my own husband; and he took the clothes and clapped them all the clothes over me.

When? - When I was on the floor, and he kept the clothes on me after he had his will.

How many minutes was you down on the floor under him? - I cannot tell how many minutes; more than a quarter of an hour along with him.

In the room? - Yes.

Why did not you stamp on the floor, and make a great noise for the people underneath to hear? - I did make as much noise as I possibly could.

Did you stamp your feet loud? - Yes; he had heard a noise in the Court; people knock at the shutter.

But you say afterwards he had had his will? - He tried to get his will; he did not get his will of me twice.

But after he had his will once? - He tried to get his will once.

How often did he have it? - He had it once.

After he had his will once, did he try again? - He try again.

How long afterwards, immediately? - He lay good bit upon me quietly before he begin.

How long? - I am upon my oath, I cannot tell how many minutes.

He lay on you a good while before he began again? - Yes, and be good while try again, till he had heard the noise in the Court, knock at the shutter, the neighbours crying for the landlady of the house to hear who was crying murder in the house; after all the noise, he loosed me, and he said to me; G - d d - n you, you bitch, I have had what I wanted with you; what business have you to come to my room: G - d d - n you, you bitch, what business have you to come to my room; I could not find the door, I was in such a fright; I had never a cap on, nor never a handkerchief on.

Where was your cap and handkerchief? It was on the floor, and all my clothes was tear very much indeed; I come down stairs and cry murder, and cry some assistance, and come down stairs and go to the Court directly, and speak to the neighbours, and call the watchman, call the lady over the way; I was speaking to her before, and the watchman.

Did you knock at the people's door underneath? - I knock at Mrs. Smith's; I did not knock at the two pair of stairs door.

You say your cap and handkerchief were off? - Yes.

Were your stays on? - My stays and every thing was on but my cap and handkerchief; and after all my struggle with him, I lost my cap and handkerchief in his room; I call the watchman, the watchman did not like to come to give me assistance.

What was the watchman's name? - Alexander; the watchman did not like to come till the other people called the watchman two or three times, and saw me in such condition as I was in the Court, he came along with me to the watch-house; I was ready to faint all the time while I was going to the watch-house; and came and took the man up to go to the watch-house; I had been there good while along with the watchman; I was lay hold of his arm all the way; the watchman told the constable to come and take that man up, and come with me to take the man up in the Court.

Did he do so? - Yes, he did come along with me home; after I came home along with the watchman, I could not get in; the landlady of the house could not let me in through the door, and I was obliged to go through the window; this villain, he came down after her; I go to the watch-house.

What villain? - The prisoner, that man.

You could not get in? - I could not get in, this villain came down and fastened the street door, and took the key along with him to the garret; the landlady of the house could not let me in; she opened the shutter, and let me, the watchman, and the constable through the kitchen window to go up stairs, and the watchman and the constable went up stairs, and took the man down, and took him to the watch-house.

How did you find him, in bed, or how? - No, in the room.

Drest or undrest? - Undressed.

Was he in bed? - No, he was not in bed.

Were all his clothes off? - On, he was dressed in the room.

They took him? - They took him to the watch-house.

This is your story? - That is my story.

Was the man sober at the time? - He was sober enough, I am sure of it.

Was he sober? - Quite sober, I am sure.

He was a lodger above stairs, and you were a lodger in the first floor? - Yes, Sir, I was a lodger in the first floor.

Where did Mrs. Smith lie? - On the ground floor.

The Irish gentleman and his wife lay on the second floor and he lay in the garret? - Yes, he lay in the garret.

(Cross examined by Mr. Garrow.)

If you are angry with my Lord, you will scold me bitterly before I have done with you; I want to see if I understand the thing correctly; you say he got you down on the floor; then he hurried your petticoats over your head, put the bed-cloaths over them; put your arm under the frame of the table; then he jumped upon your middle, and by jumping with his hands and knees, contrived to do this business? - Yes.

You were crying and screaming at that time very much? - Yes.

All the time he kept one of his hands the whole time upon your hand? - I took this left hand very often.

You cried as much as possible? - Yes.

And called him villain as often as you could? - Yes.

Made as much noise as possible you were able? - Yes.

That is agreed. He got one of his hands on one of your arms? - Yes, I can not speak English.

I will speak Welsh, rather than you should not understand me; with one of his hands he had got hold of your arm? - Sometimes; and he took it hold himself, very often to get his will of me.

He sometimes used that hand for the purpose of helping himself; we all understand what you mean well enough; now the other hand he kept on the frame of the table to keep your hand down? - No, he did not keep it, the frame of the table kept my hand sometimes; I could not take it away.

So then the frame of the table kept down your hand, and occasionally he helped himself with the other? - Yes.

"on her body at twelve o'clock at night;" Now Mrs. Davis; I think you told my Lord you were married at Derwen in Derbyshire? - I was married at Derwen in Derbyshire; that has no concern with the business I come on.

Tell me upon your oath, are you married or not? - I am.

Do you swear that positively? - I swear I was married.

Do you swear you was married to any man now living? - I was married to my husband.

Is he living? - He is living.

Do you swear that positively that he is living? - I believe he is living.

What reason have you to believe it, have you seen him lately? - Yes, I did.

How lately? - About three weeks ago.

Was that before or after this thing happened to you? - After this happened to me.

Why you told my Lord just now that he was transported? - Yes, he is transported for fourteen years.

Then he is at present at Woolwich? - Yes.

You know that very well? - Yes.

Did you know it at the time that this thing happened to you? - No.

That he was at Woolwich? - No; I heard he was dead.

How lately before this thing, did you happen to hear he was dead? - Do you want me to tell such a thing as that.

Now, Mrs. Davis, how lately before this thing happened to you, had you heard he was dead? - I cannot tell if you put me upon my oath.

Don't you know upon your oath how lately before this man ravished you, it was that you heard your husband was dead; I must have an answer to my question? - I heard, I cannot tell when.

You know Mr. Ewen who stands near you there; how long before this man ravished you had you heard your husband was dead? - I heard about three months; almost three months.

Three months then before this man ravished you, you heard that your husband was dead; is that correct? - I cannot tell rightly.

Was it two months before? - I am sure I cannot tell.

Who told you he was dead? - Some person told me, I never had a letter.

Who was that same person? - I am sure I cannot tell.

Now I ask you again, who told you that your husband was dead? - I cannot tell, some person came to my house to tell me my husband was dead.

How long before this accident happened to you? - I am sure I cannot tell.

Whether two or three months? - I don't know which; if I had the letter from him I could tell.

You must recollect? - I cannot tell you.

Had he been dead a week? - I cannot tell you Sir.

Had he been dead a fortnight? - I cannot tell.

A month or six weeks? - I can give you no answer to it.

Had he been dead two days? - I can give you no answer.

How long had your husband been dead before you heard of his death? - I cannot tell indeed.

Had you heard he had been dead, three days or three weeks? - I heard he was dead, some person told me so.

Who told you so and when? - I cannot tell.

Can you tell if he had been dead a month, or a week, or a day? - If I see the man again, I don't know him again.

Then some stranger told you of it? - I had a line he was living at Woolwich.

When had you that line that he was living at Woolwich? - I had it about a fortnight or nine days agone.

How long since is it that you had a line that he was living? - After this happened to me.

How soon after this happened to you? - It was about two or three days before I go to him.

So then you went to see your husband two or three days after you had committed this man, and you had a line that he was alive two or three days before that? - I go a day or two after the line, about two or three days after I commit this man, I went to see my husband; I had the line that night I believe.

Cannot you tell who brought you that letter; perhaps it was Harry Gallant ? - Who?

Don't you know who I said? - I don't understand you indeed.

You don't know any body of the name of Henry Gallant? - Yes, I know him, he is my relation.

Court. You say you went to your husband; how long was it after this business happened? - The next day, or the next but one; the Thursday morning, I believe.

What day of the week was it on which this injury was done to you? - On Monday; three weeks last Monday night.

Now what day of the week did you go to your husband? - Thursday.

On what day of the week did you receive the note that he was alive? - It was only two lines, a direction, I cannot tell whether it was Monday night or Tuesday night,

After you was ravished? - Yes.

Then how lately before that had you seen your husband? I understood you just now, it was not till after you was ravished that you received the line from your husband? - That night or the next.

Hear I upon that night or the next, you received a line that your husband was alive? - Yes.

From him? - Not from him himself, another person gave me a direction where I could go to see him.

At the hulks? - Yes.

That night or the night after? - Yes.

Then you did not know where to go to see him without that line? - No.

You never had been to see him at the hulks? - No, never.

You swear that positively? - Yes.

Do you know a man of the name of Henry Gallant ? - Yes; I am not upon that business.

Do you know such a man as Henry Gallant ? - Yes.

How long have you known him? - It is not two years since I have known him.

Not so long as two years? - No.

He is a relation of your's? - Yes.

A distant relation perhaps? - His mother and my mother were first cousins.

He has been a good deal with you since your husband went to the hulks? - He came in and out in the day-time.

What harm is that, if that is all? - That is all; he came to fetch his linen, I wash and mended for him.

You washed and mended for him at the time he was tried? - I washed only two shirts before he had his trial.

Since that you have washed and mended for him, and he has come to see you in the day-time? - Yes.

You did not lodge in the same house, did you? - Yes, I have been a lodger in the same house.

That is since your husband died? - My husband is not dead.

Since he was sentenced to be transported? - Yes.

At whose house did you happen to lodge in the same house with Henry Gallant ? - Philip Lane.

Who was the landlord? - I cannot tell, Mr. and Mrs. Mainwaring.

Henry Gallant used to come to see you in the day-time? - That was all.

Why then as you lodged in the same house with him, did you sometimes light him up to bed? - I light him up to bed! no. I never light him to bed.

What part of the house did you lodge in? - I was lodge in the garret, and he lodge in another garret.

Did you not lodge in the same garret? - No.

Have you and he never lodged nor lived together as man and wife at Mrs. Mainwaring's? - As I hope to God to save my oath, I never did.

I want to know whether this stranger told you where your husband died? - He did not.

Only that he was dead? - Yes.

He never told you where he died? - No.

So that you never heard where he died? - Never.

Of course you never heard where he was buried? - No.

Do you recollect being examined before any magistrate of the city of London? - Yes. I was at Guildhall.

Sir William Plomer it was; do you recollect what you called yourself before that magistrate? - I know what I say there, I was not upon oath about my husband.

Upon your oath, was not you examined, and did not you make your mark to a paper writing, and was not that paper writing read over to you by Sir William Plomer , before you took the oath, that is well known, there are many persons here who heard you examined; in the first place did not you describe yourself to be a widow? - When I come where I live, I come for a widow.

Upon your oath, did not you say you was a widow; do you mean to say you were not sworn before Sir William Plomer ? - I took my oath about the man.

Did not you say that the contents of that your examination before that magistrate was true, so help you God? - It was not upon my oath.

Did not you take that oath? - I took my oath that fellow used me ill.

Was not the oath this,

"You do swear that the contents of this your examination is strictly true, so help you God?" - I took my oath.

Was it read over to you before you put your mark to it? Be cautious, for the person is here who read it to you, was it read to you? - I do not know; yes, it was read over.

Upon your oath, was you not asked whether your husband was dead? - Yes, I was told so to be sure.

Where did you say he died? - I told him it was in the country.

Upon your oath, did not you tell him that he died in Derwen in Denbighshire? - No, I did not swear to it.

Did you not say that he died in Derwen in Denbighshire? - I was not upon my oath about my husband, I did say so to be sure.

Court. Did you tell Sir William Plomer your husband was then dead? - Yes, that he died at Derwen.

Did you tell him how long he had been dead? - No.

Pause a little, I caution you; upon your oath, did not you tell Sir William Plomer how long he had been dead? - I told him I did not hear from him these two months.

Upon your oath, did not you tell him he had been dead a year and a half. - He was gone from me a year and a half.

Did not you tell him he had been dead a year and a half, and died in Denbighshire? - I told him he had left me a year and a half; I was upon my oath about the prisoner and not about my husband.

Did you not tell Sir William Plomer that your husband had been dead a year and a half and that he died at Derwen in Denbighshire? - I did say so, all the neighbours was with me.

You did say so then? - Yes, I will take my oath.

What day were you examined before Sir William Plomer? - I had been there three days.

Did not you swear all this on the Thursday, I have the persons in court who know it? - I was not swear about my husband.

Was you not examined on the Thursday; Yes, I was examined before the Thursday and on the Thursday likewise.

Now on the Thursday did you tell Sir William Plomer that you had made a mistake in your first examination, and that you was not a widow, but that you had received a letter that your husband was alive and not dead, did you tell him all this? - No.

Why did you not tell him? - I will tell you what reason I had, if you please to

listen to me; when I came to live where I live now, my husband says, don't you tell any body of it; so I keep the same word to every body.

But you thought he was dead, when you went before the alderman?

No answer.

Do you mean to swear you did not know he was removed to Woolwich; was not you told at Newgate that he was at Woolwich, was not you told that? - No.

Why did you not tell the alderman? - I did it to keep my word with my neighbours, I did not swear about my husband, I swore about the man.

Tell us what conversation you had with the old woman, Mrs. Evans, before you went home that night; did you tell her you expected to be ravished that night? - How could you ask such a question! I did not tell her any such thing.

Mrs. Evans's husband died lately, has not he, just the same as your husband? - Mrs. Evans's husband is living now.

Where is he? - At home.

And Mrs. Smith's husband, because you are a blessed set, Now don't you know that he is not dead but transported? - He is dead at Woolwich.

Mr. Gallant was tried the other day for robbing his master? - He was tried, but I heard there was nothing against him.

Then before you lighted this man up stairs, you went as soon as you had opened the door to Mrs. Evans? - Before I lighted the man up stairs.

As soon as you opened the door, you went to speak to Mrs. Evans? - Yes.

And you returned to light this man up stairs? - Yes.

So that you did not light him up the moment you let him in? - No.

As soon you opened the door you let him up? - I said that before.

I only want to know whether I am correct in the fact. Then as soon as you opened the door, without waiting to light him in, you went over to Mrs. Evans? - I said that before.

Did you tell the alderman that?

Court. Did you go to Mrs. Evans before you let the prisoner in? - Yes, for ten minutes or a quarter of an hour.

As soon as you let him in, you went over to Mrs. Evans? - Yes.

Did you tell that to the alderman? - Yes, I did, I told every thing.

Did you tell that? - Yes I did.

You swear positively you told him that? - Yes.

Then you went home and found him lying by your door, and lighted him up stairs directly? - Yes.

He then laid hold of you without saying a word to you of any sort? - He was lying in my passage, and he asked me would I give him some light.

Then you went up with him? - He go after, I go before him; he seized me, and I made a great noise.

Then he seized you without asking you to lay with you? - No.

He did not ask you to lay with you? - No, he laid hold of me, and dragged me into the room.

He laid hold of you and tried to have his ends of you there? - Yes.

You got up after? - Yes.

When you got up you made a great noise? - Yes I did.

There was but one room on a floor in this house? - No.

The Irishman and his wife were immediately underneath where you were stamping? - Yes.

At first you began to call Mrs. Evans by her name? - Yes.

Why did not you call Mrs. Smith by her name? - I did call Mrs. Smith; I thought she was sitting at the door at the time.

What did you do with the candle after you had opened the door to let him in? -

The candle was in my hand, I carried it over to Mrs. Evans, I stood with it in my hand.

Then in the court you were talking with the candle in your hand all the time? - Yes.

Did you light yourself in? - I could not go in, he was lying at my room.

Did you lock the door? - No.

When you had got into the prisoner's room, your candle was in your hand still? - No, Sir, he had put it out upon the stairs.

Then he shut the door by putting his back to it? - Yes.

Do you know whether his windows were shut or open? - No.

Then it is not true that his windows were open? - No.

He put you first upon the bed, afterwards let you get up, and then put you again a second time on the bed? - Yes.

You resisted him on the bed, and then he had you on the floor? - Yes.

Did you tell the alderman all this? - Yes.

Did you tell the alderman you was thrown twice on the bed? - I cannot recollect whether I told him that I was twice on the bed.

You was twice examined before the alderman; I desire to know whether at either of those times you swore that he put you twice on the bed? - I believe I did not say he put me twice on the bed.

Then you only told the alderman that he put you once on the bed? - I did not tell no more than that; I cannot recollect indeed.

Describe the manner in which he jumped upon, and forced himself between your thighs, in what manner? - In this manner. (describing it.) my own peticoats were over my head.

During the quarter of an hour he lay on you, you kicked with your feet on the floor? - As much as I could; sometimes I could not get my breath at all.

Breath or no breath, you kept kicking on the floor as violently as you could? - Yes, and scratched his face.

Do you happen to know any person of the name of William Carter? - Yes, he is a countryman of mine.

How long has he known you? - A long while.

He is a good sort of man? - Yes.

And such as one may believe? - Yes.

Did he know you whilst Henry Gallant lived with you some time ago? - I do not know that he lived with any body at all.

You cannot tell me whether you used to sell sugar for him? - I did not sell sugar for him; I know that he is the master of the prisoner.

You know that this man is the master of the prisoner? - Yes.

Now upon your oath, do not you know that Henry Gallant was once a servant to this man who sits next me? - Yes, I heard him say so.

How long before you were ravished? - I dare say three quarters, a twelvemonth or more.

How long had he lived in the same house with you? - About ten days I believe.

Then you knew that the prisoner, at the time he committed this rape, was servant to this gentleman, and that Henry Gallant had been a servant to this gentleman? - Yes, I heard other people say so.

After that your friend Henry Gallant went to live with Mr. Blakiston in the Strand? - I believe he had been somewhere about there.

Now upon your oath, have you never heard that your friend Mr. Gallant, at last went to live with Mr. Blakiston, and that he was turned out of his service, because Mr. Chandless told a true character of him; have you never heard that, upon the oath you have taken? - I never heard such a thing in my life.

Did Gallant live with Mr. Blakiston? - A quarter of a year I believe.

Do not you know that it was a much less time? - I cannot tell.

How came he to be turned away? - Some people say he was in trouble.

Was not it because this gentleman, or somebody from him, told Mr. Blackiston his true character? - I cannot tell.

Was not it because he was one of that desperate gang which have robbed almost every considerable house in the trade; you know they robbed Mr. Aaron Acton 's house of near four hundred pounds; was not you washer-woman to the whole gang of porters at the time?

No Answer.

Do you know Haslam? - No, Sir, I never knew him till I saw him in prison.

How came you to see him in prison? - I will tell you how I come to know him in prison, my own husband was took up just at the same time, about three weeks after; I cannot give an answer for my husband.

Your husband was taken up for receiving some stolen goods of a linen-draper's? - No.

Did not you wash for Haslam? - I washed a shirt or two for him.

Did you wash for him? - I did wash two or three shirts for him.

Where is he now? - He is there.

Where? - In Newgate.

That cruel man, the Recorder of London, sent him there for three years I believe; now your friend Henry Gallant was tried at the same time with him? - Yes.

He is your relation, and lodged in the opposite garret to you at Mr. Mainwaring's? - Yes.

There was Mr. Evans, do you remember him? - I do not know such a name.

Did not you wash for Mr. Evans the porter? - No, I never washed for him, I washed for Mr. Rogers.

Who was he servant to? who did he rob? - I never heard that the man robbed any body.

Court. Was he one of the gang? - No.

Who is he servant to now? - He is at an ironmonger's just by Cheapside; I cannot tell the street.

Foreman of the Jury. We are perfectly satisfied without going any further, if your Lordship is.

719. MARY DAVIS was indicted for feloniously and burglariously breaking and entering the dwelling house of Joseph Harrison , about the hour of two in the night, of the 30th day of August , and stealing therein, one cotton gown, value 5 s. three linen table cloths, value 9 s. half a yard of check linen, value 6 d. one muslin half handkerchief, value 2 s. one child's linen robe, value 3 s. one child's muslin frock, value 3 s. four silver tea spoons, value 8 s. one pair of base metal shoe buckles, value 2 d. and one linen pocket apron, value 6 d. the goods of the said Joseph Harrison .

There was a second count, charging that the prisoner being in the house, and having stolen the said things, did afterwards at the same time, feloniously break the said house, in order to get out of the same.

JOSEPH HARRISON sworn.

I keep the White-horse, by Clements-inn fore-gate ; I fastened the house when I went to bed on Friday morning, the 31st of August, my wife and I went up stairs together; she saw me fasten the doors as I always do, and I lost all the articles mentioned in the indictment; I cannot say who stole them; my spouse saw them the next morning, I did not.

Where did you first see them after they were lost? - At my own house, the patrol brought them, Joseph Dodds, the same day in the best of my knowledge in the afternoon, I had given out hand-bills of the robbery; the things were all in the bar; the prisoner was a servant in my house about two months, and left me; I never saw her since she left the house to my knowledge.

I am the wife of Mr. Harrison; I went up to bed with my husband, on Friday, the 31st of August, at one o'clock; I am sure he fastened the street door, and I fastened the bar myself.

Describe the bar, is it a room cased in with a casement round it? - It is separated from the tap by a window, and the door is made to hinge on.

Was the hinge on, and fastened when you went to bed? - Yes, I fastened it myself; when I came down, there is a little stool that stands in the bar, that was put on the outside of the bar, which I tumbled over, and I said to the girl, I am afraid there has been somebody in the bar: it was between five and six.

In August, it had been light some time before that? - Yes; I found the top of bar unbolted; I missed my child's things the first thing; next all the things mentioned in the indictment; I brought them down to wash the next day.

To Dodds. Did you find the articles mentioned in this indictment upon the prisoner? - Yes.

(The things valued at one pound nine shillings.)

The street door being unbolted, it must be unbolted within, must it not? - Yes.

Did there appear any marks of violence about the door without or within? - No.

I suppose there was a good deal of company in that room that night? - Yes.

Did you walk into the tap room before you went up to bed, to see whether there was any body in the tap-room? - Yes, there was nobody there.

When once the door that leads to the tap room was open, the prisoner could very easily get to the bar? - Yes, the bar is by the passage before you come to the tap room.

You are sure no person was in the one or the other that night when you went to bed? - No.

Did you observe any part of your house, any window, or any place broke? - No, there was a pane of glass in the bar had been broke some time.

Was that adjoining to the street door? - Adjoining to the bar, looking into the tap room, and by putting her hand through that pane of glass, she might reach the bolt of the tap room; there was nothing at all broke as I could see; I cannot say how she got in or out.

How long had this girl lived with you? - About two months.

Had you lost any thing during that time? - No.

What servant was she? - In the public way, to get pots in, and clean the house; I only kept one, and a boy.

JOSEPH DODDS sworn.

I am a patrol; the prisoner was stopped by the watchman, and brought to the watch-house; the watchman who stopped her is here; his name is Deacon; I was at the watch house at the time, about a quarter before three.

Whereabouts is your watch? - At the top of the parade, in St. Sepulchre's church-yard.

How far is that from the prosecutor's house? - Half a mile.

Was it day-light? - No.

Was not there light enough to distinguish the prisoner's face? - No, not till she was brought by the candle.

Was any thing brought with her? - This property.

(Producing it.)

Who had the property, the prisoner or Deacon? - The prisoner, I took it from her myself; there are the things all in the same state; these two table cloths she had pinned about her, and the rest of the property was wrapped up; she had the gown on, and likewise the pocket apron.

Was it a cotton gown? - Yes, it is here; the spoons and the buckles were in her pocket; I told her the gown did not belong to her; she said it did, and I took the gown, and the pocket apron off from her, the next day at Guildhall.

I am a watchman; on the 31st of August, about three in the morning, I met the prisoner in Fleet-lane, Fleet-market, with a bundle; I asked her what she had got; she said she had got some bread; she had the best part of a quartern loaf; I asked her what else she had; she said two or three things; I wanted to know what it was; she undid her apron, and I took two or three of the things out, and put them in again, and said she must go with me to the watch-house.

Were the things in her apron? - Yes, except the coton gown that she had on.

Was there any linen table cloths in her apron? - Yes, and half a yard of check linen, and the rest of the linen was in her apron.

What did you do with these things? - I took her to the watch-house, and the patrol searched her, and found the property on her, and he kept them till such time as she was taken before the magistrate.

Dodds. They have been in my possession ever since.

(The things deposed to Mrs. Harrison.)

PRISONER's DEFENCE.

I was going along Drury-lane, about one in the morning, the morning I was taken by the watchman, and I met with a woman, she asked me to go, and have something to drink, and she told me to wait there till she came, as she was going for some things; I staid there till two, and she did not come back; then I went away, and as I was going up Wych-street from Drury-lane, I met her with these things; I sat down, and she put them in my lap, and pinned the two table cloths before me; she bid me put the gown and the apron on, and I did so; and as I was going home, the watchman stopped me, and took me.

Court to Deacon. Had she any woman with her? - Yes, and please you, my Lord, I met a woman just before I met her.

Were they in conversation? - When I met the first woman, she had got nothing as I could see, and I let her pass.

Answer my question, were they in conversation together? - She called to the other.

Then the other woman was before her? - Yes.

What became of her? - She went away.

Did the other woman make reply at all? No, she went off immediately; she only called to her by her name Bet, to the best of my remembrance, but the other never offered to come back.

720. WILLIAM WHARTON was indicted for stealing, on the 7th day of September , sixty pair of silk stockings, value 15 l. and twenty-four pair of cotton stockings, value 24 s. the goods of Charles Savignac , in his dwelling house .

CHARLES SAVIGNAC sworn.

I am a hosier ; I live at No. 147 in the Strand ; the prisoner was my shopman ; I sent him home with some goods to Sir Harry Parker on the 7th instant; and he had not been gone above a quarter of an hour, when a person came from Bow-street to tell me he was in custody for having some stockings in his possession which were supposed to be my property, and offering to pawn them at Mr. Heather's; I went up to the office and saw the stockings that he offered to pawn, and swore to them, and they are here.

What quantity? - Two pair only.

Were they any of those which you had sent to Sir Harry Parker ? - No, my Lord; I went up the next day, and saw a great

I live in Long-acre; I am a pawnbroker; on Friday the 7th instant, the prisoner brought these two pair of stockings to my house, and wanted to pawn them for half a guinea; I asked him how he came by them, and he said he bought them; he had a little parcel lying upon the counter; I went to lay hold of that to see what it was, and he snatched it away; then I laid hold of him by the collar and took him into custody immediately; these are the two pair of stockings.

721. ROSE FITZPATRICK was indicted for stealing, on the 6th day of August , one cotton gown, value 12 s. and one linen sheet, value 2 s. the goods of Thomas Shields .

SARAH SHIELDS sworn.

I am the wife of Thomas Shields ; on the 6th of last month, I went out in the morning; and when I came home between one and two, I went up stairs to lay my child down, and I found the prisoner at the bar in my room; I asked her what she wanted there; and she said, she wanted one Mrs. Green, a mantua-maker; I told her there was no such person lived there, and I desired her to walk down stairs after me, which she did; and when I went up stairs again, I missed the gown and the sheet; the gown hung upon the line near the door, and the sheet lay upon the box near the door; I did not miss any thing else; I ran down stairs directly, and had her apprehended, but nothing was found upon her, and she was taken before Justice Walker and committed; I never lock the door of my room, it was open.

I lost the things mentioned in the indictment, in June, July and August; I have recovered part of them but not all; I have seen them all at different pawnbrokers shops; the prisoner was my servant at the time I missed them.

GEORGE BAXTER sworn.

I am servant to Mr. Chandler the pawnbroker, in Holborn, I took in three worsted morine window curtains of the prisoner, on the 5th, 15th, and 21st of June; she said, they were her property; I lent her ten shillings on the whole; she would not have a duplicate; I have known her these ten

724. JONATHAN DOWSON was indicted for stealing, on the 4th of September , one pair of base metal shoe-buckles, value 4 d. one pair of worsted garters, value 2 d. one pair of worsted stockings, value 1 s. the property of Thomas Joyce .

THOMAS JOYCE sworn.

I found my property in the prisoner's possession; I cannot tell the day of the month; I lost it from the house where I lodge; there was a pair of buckles, a pair of stockings and a pair of garters; they had been in my room; the prisoner and I lodged in one house together; we had separate rooms, and my landlady had them in care; she told me they were lost, and I found them in his possession when he was taken up; her name is Connolly; she is not here; he was taken up at Bartholomew-fair, and he had the stockings on, and the buckles in his shoes; I knew them to be mine; I have had the buckles four years and had them at sea with me; he acknowledges he took them.

- FORSYTH sworn.

I received charge of the prisoner at Bartholomew-fair on the 4th of September, for receiving stolen goods, and I took him to the compter; the next day he was taken before Alderman Crosby, at Guildhall; and when I came before him, I found this property on him. (Producing the things which were mentioned in the indictment.) And the prosecutor swore to them; he had the stockings on, and the buckles in his shoes, he confessed he took them out of the room.

(The things were deposed to by the prosecutor.)

PRISONER's DEFENCE.

I bought that there property about a month ago; I work at the water-side, and I wanted a pair of stockings, and coming round Tower-hill, I bought those stockings, and I bought the buckles at the same time; I bought them of a woman who I do not know, and who is not here.

The prisoner called twelve witnesses to his character, three of whom were sworn and examined, and gave him a good character.

725. MARY JONES was indicted for stealing, on the 8th of September , fourteen shillings in money , the property of William Reynolds .

WILLIAM REYNOLDS sworn.

I was coming along Fleet-street , on the 8th instant, I cannot directly say what time of the night; I believe it was near one in the morning, and this woman asked me to treat her with a glass of gin; I told her I could not treat her as I had no money

but what was sufficient to take home to my family, and I shoved her from me, in order to keep her at a distance; I had a stick in my hand; then the put her hands round my neck, and said, you had better come along with me, you have got a good way to go home, says she; I shoved her away, and at the same time I felt her hand coming out of my breeches pocket; I had fourteen shillings, part of my wages; that I had received, in it, some of the silver fell in the street; I put my hand in my pocket, and missed my money, and I catched hold of her, and called the watch; the watch came directly, and she was taken into custody, and searched; thirteen shillings was found on her, and one shilling the watchman picked up in the street; I am sure I lost fourteen shillings.

JOHN GIBSON sworn.

I am a watchman; I was calling the hour past one o'clock; by the side of Fleet-market, and I heard somebody call watch; I went to see what was the matter, and that man gave me the prisoner in charge for picking his pocket of fourteen shillings; he told me she had dropped some of the money, and I looked and found a shilling; I took her to the watch-house, and searched her, and found thirteen shillings, and some halfpence upon her.

726. ELIZABETH PENNINGTON was indicted for stealing, on the 6th of September , one copper tea kettle, value 5 s. the goods of Samuel Pritchard .

SAMUEL PRITCHARD sworn.

I keep a public house , the White-bear, in great Eastcheap ; on the 6th of this month, I lost a kettle off the fire; it was about six in the evening; my wife was at tea, and the kettle was on the fire in the tap room; the prisoner took it with the hot water in it, and the handle was so hot, that I could hardly hold it when I took it from her; I run after her, and took her within six yards of my own door, with the kettle in her hand, and she offered me half a crown to let her go about her business; here is the kettle, it is mine.

PRUDENCE SCRIVEN sworn.

I am the maid of this house; I was coming from the sink to get some water out of the kettle, and I saw this woman with it in her hand going out, and she bid me good night; I had seen her once before, and she had called for a pint of beer; I told my master, and he ran after her, and took her.

727. JOHN WILKINSON was indicted for stealing, on the 14th of July , one woollen cloth coat, value 10 s. the goods of Thomas Jones ; and two linen sheets, value 2 s. the goods of Elizabeth Thomas , widow .

THOMAS JONES sworn.

I lodge with Mrs. Thomas; I missed my coat on Saturday, the 14th of July; when I went to work, it was on the box in the room; it was rather latish when I came home, between nine and ten, and the coat was gone; I never saw it again till I saw it at Guildhall, in about three weeks afterwards; it was advertized; I went there, and the pawnbroker produced it; I never saw the prisoner but once; he lodged in the same house, and slept with me that night; I had never seen him before; I left him in bed

Prisoner. Did not you say at Guildhall, you did not know me? - I did not take a great deal of notice of you when we went to bed together.

Court. Are you quite sure he is the man that slept with you that night? - I am not quite sure he is the man; I am not very safe.

ELIZABETH THOMAS sworn.

I took the prisoner on the Friday night to lodge in my house, but I cannot swear it is the same fellow; it is the same clothes, that is all I can say; I took him to lodge the night before the things was lost; when I went to make the bed where he lay, I missed the sheets; I saw them again before the Magistrate; there is no name on them, but I know them by the pieces I put in.

WILLIAM VINCENT sworn.

I apprehended the prisoner on the 14th of July, as he was going to pledge the things.

728. WILLIAM SMITH was indicted for stealing, on the 24th of July , two china figures, value 20 s. the goods of Abraham Ponter .

ABRAHAM PONTER sworn.

I live in Newgate-street ; I keep a china shop ; I lost two china figures, on the 24th of July; I was not present at the time; they were found on the prisoner in Christ's Hospital.

ISAAC NEWTON sworn.

I saw the prisoner go into the shop, and take them out; I was in my master's shop right opposite; he put them under his coat, and walked away, and he was pursued, and taken by John Hillier .

ELIZABETH JEFFREYS sworn.

About a quarter before eight, a person came into the shop, and asked for two tumblers; I am mother-in-law to Mr. Ponter; the maid rang me down, and I found this young man in the shop; he asked me for two tumblers, and I asked him what size; he said he had had two of Mr. Ponter the morning before, and gave five-pence a piece for them; I looked out two of that price, and he said he did not like them, and he said Mr. Ponter fetched those he had the day before, out of the back parlour; then another person came in for a vinegar crewet; I looked for that first, and he said it was too dear; I told him it was the same price we always sold them at, and when the prisoner saw me engaged with that man, he went out of the shop; I did not see him take the figures; Newton called out, and said stop thief, and he was pursued, and taken in Christ's Hospital, the other made his escape.

729. WILLIAM KNIGHT was indicted for stealing, on the 12th day of July last, one piece of shalloon, containing twenty-two yards and a quarter, value 37 s. the property of William Bell and Alexander Clarke .

The prisoner was seen taking the shalloon, and immediately pursued, and taken with the property; when he was taken, he said to the prosecutor, will you take me before the Justice for stealing a piece of shalloon?

The prisoner called two witnesses to his character, who said he kept a sale-shop in Houndsditch.

731. ROBERT CHAPMAN was indicted for feloniously assaulting John Robins , on the 4th of September , on the King's highway, and putting him in fear and danger of his life, and feloniously taking from his person, and against his will, one man's hat, value 5 s. and one walking cane, value 2 d. his property .

There being no evidence to support this charge, the prisoner was ACQUITTED .

732. ELEANOR JOHNSON was indicted for stealing, on the 23d day of August last, one gold watch, value 10 l. a penknife, value 2 d. and half a guinea, the property of William Caile , privily from his person .

The prisoner sent a person to pawn the watch the next day, which the pawnbroker stopped, and in half an hour the prisoner herself came, and said the watch was hers, and had been left with her for a guinea by a gentleman the preceding night; the prisoner made the same defence, and the prosecutor appearing to be in liquor, the prisoner was ACQUITTED .

734. THOMAS SIMMONDS and MARY SIMMONDS , otherwise STREET , were indicted; the first for burglariously and feloniously breaking and entering the dwelling house of Thomas Cleane , on the 20th July , about the hour of four in the afternoon, one Eleanor Gray being therein, and stealing a wooden trunk, value 2 s. a silver tea-pot, value 40 s. silver salt, value 30 s. four silver table spoons, value 40 s. a silver pap-spoon, value 5 s. four silver teaspoons, value 5 s. a silver cream pot, value 5 s. a pair of silver tea-tongs, value 5 s. a silver punch-ladle, value 12 s. a set of silver castors, value 20 s. a pair of sugar castors, value 10 s. a pair of gilt spurs, value 1 s. three plated candlesticks, value 3 s. the goods of the said Thomas Cleane in the said dwelling house; and the other for receiving part of the said goods knowing them to have been stolen .

(The witnesses were examined apart at the request of the prisoners.)

THOMAS CLEANE sworn.

I live in Clare-street, Clare-market ; on the 20th of July my house was broke open.

What time did you go out in the morning? - Between eleven and twelve o'clock; I left Eleanor Gray in the house.

Is she a lodger? - No, she was left in the house to take care of it while my wife was in the country.

What time did you come home? - At nine o'clock at night I came home and found the trunk was gone.

Where was the trunk? - It laid upon a clothes-chest in the closet, in my bed-chamber; it contained the things in the indictment. (Repeating them.)

Was the trunk locked? - Yes, the key of it is in the Court now.

Have you seen any of your things again? - On the 31st of August, I saw a silver salt and three plated candlesticks, at Bow-street.

Was any person in custody at that time? - No, I found several other things at different pawnbrokers.

ELEANOR GRAY sworn.

I was at Mr. Cleane's, in Clare-street; on the 20th of July, he went out between eleven and twelve o'clock; I saw the trunk immediately after Mr. Clean went out; I had laid a gown at the end of the chest when I went up stairs, and I know the trunk was there then.

Did you leave the chamber and closet door open or locked? - I never shut the closet door, but I fastened the room door

How many windows were there in the room? - One in the room, and one in the closet, they both look into the yard.

Were they open? - Yes, both open.

Did you know before Mr. Cleane came home that the trunk was gone? - No, I did not.

Were there any body else in the house? - Yes, a sister of mine; she came before dinner, I cannot say what time.

Nobody else? - No, not to my knowledge.

How long did she stay? - Till about six o'clock in the evening.

How was the street door? - Upon the latch as usual.

JOHN BEAMISH sworn.

I apprehended the prisoner Thomas upon the information of the evidence Manypenny; I went to search his lodgings at No. 34, Tash-street; he was not at home; we searched and found some duplicates; in the mean time the prisoner came by, I was called out, and saw him running, I pursued him, and saw him stopped in Hatton-garden, he was taken to Justice Walker's in Hyde-street, where Manpenny was; he was searched, but not by me.

How far was Simmonds from the door when you came out? - About forty or fifty yards.

Was there any promise made use of to induce him to confess? - No, there was not. He said that he got the duplicates that were found in Tash-street from Manypenny.

Were they produced in the presence of Simmonds? - Yes.

EDWARD TREADWAY sworn.

I searched the prisoner's lodgings in Tash-street, and found this pocket-book and a parcel of duplicates.

Were you at the Justice's when Simmonds was brought there? - Yes.

Was that pocket book and duplicates produced in his presence? - Yes.

Did he deny them to be his? - No, he said he had them from Manypenny.

By means of those duplicates did you find any of the property taken from Mr. Cleane's house? - Yes.

GEORGE MEACHAM sworn.

I apprehended the young woman at a hair-dresser's shop in Leather-lane.

Was that her lodging? - Yes, she said it was; she gave me a duplicate of a teaspoon of the prosecutor's very readily, and behaved very civilly; this spoon was given up by Mr. Gabriel the pawnbroker, in Fox-court, Gray's-Inn-lane, he said he could not swear to the person that brought it.

Treadway. The young woman gave me this duplicate of that tea-spoon that Meacham has now produced.

Meacham. I went with the accomplice Manypenny to the pawnbroker's in Fleet-street.

Did she say any thing when she gave it you? - I told her I came to search for duplicates and other things, and she gave me this, she said she did not pawn it herself, but another young woman pawned it.

Treadway. This purse I had from the young woman, and the duplicate of a watch; which she said belonged to her brother.

When? - On the Friday, Meacham and I were together with the accomplice.

MARY CLEANE sworn.

This tea-spoon, with the rest of the dozen, were in the trunk when I left town, I am sure it is my husband's.

Mr. Garrow. How long had you had those spoons? - Three or four years.

CHARLES DAVIS sworn.

I am a pawnbroker in Little Knightrider-street, Doctors's-Commons, this pap-spoon was pledged with me on the 2d of August last, I do not know the person that pawned it, it is in the name of Abbot.

(Deposed to by Mr. Cleane.)

JOHN BAXTER sworn.

I am a pawnbroker; I live at Mrs. Cordy's, Snow-hill, I remember taking in this spoon, but I can't swear to the person, it was pledged the 20th of August.

I am a pawn-broker in Fleet-street; on the 31st of July I bought this cream-pot of Mary Simmons , she said she was sent to sell it by a person, she did not say who; I had known all her family, they had been housekeepers, and I had no suspicion. On the 14th of August these four tea-spoons were pledged together with me by Mary Simmonds , she sold me six tea-spoons at the same time, which I have since sold, but I cannot tell to whom, they were of the same mark as this.

Mr. Garrow. The cyphers in these are very faint, so that they might easily have been erased. - They might.

How long have you known this young woman? - From her infancy.

She is sister to this unhappy young man? - Yes.

What character has she borne through life? - I never knew any harm of her; I had known her for a long time, so that I did not in the least suspect.

She came quite open? - Yes.

(The cream-pot, tea-tongs and spoons deposed to by Mr. Cleane.)

JOHN COWIE sworn.

I live with Messrs. Hinchliffe and Hollyer, refiners; I bought some plate of Manypenny, this tea-pot is all we have left unmelted.

Do you recollect what the other articles were? - I think there was a quart mug and some spoons.

Was any body with him? - No.

Was Mr. Hinchliffe or Mr. Hollyer at home? - I am not certain, but believe not.

Did you know Manypenny before? - Yes, I knew he lived with Mr. Edwards, watchmaker and silver-smith in Cheapside, he brought it as from Mr. Edwards, and we bought it as Mr. Edwards's property, it weighed fifty ounces five penny-weights, at 5 s. 1 1/2 d. per ounce, that was a fair market price for silver at that time.

Do you usually buy such articles as these to melt down? - It was as black as my hat when it was bought.

That is nothing; you know a little plate-powder would clean it, now what could induce you to suppose that Mr. Edwards who is a silversmith, and kept a public shop, and who, I dare say, would not sell it to me under 7 s. 6 d. per ounce, should send such an article as this to be sold for 5 s. 1 1/2 d. per ounce? - It has been repaired since.

But that makes no difference, it was easily done; what could induce you to suppose that Mr. Edwards should send his servant to sell you such plate at such a price? - No answer.

Court. Your conduct has been highly reprehensible, highly criminal in buying this plate; I am happy to be informed that neither of your principals were concerned in this transaction; I tell you as a caution, that a silversmith of credit in the Strand, was convicted upon evidence not much stronger than this, and sent to the lighters upon the river Thames; he gave a better price by 5 d. an ounce for the plate that he bought, and, excepting the circumstance of denying it afterwards, it is much stronger in this case than in that; your's is a business extremely dangerous, and I would have you to be very cautious.

Mr. Garrow. Did Mr. Edwards deal with you at that time? - Yes.

How lately before this had Manypenny brought things to your shop? - On the 7th of July.

Have the goods in the course of your dealing been sent by him without a note of the weight? - Yes.

He has no account with you? - None at all.

Is it usual to have plate brought without any note, but sent by a servant? - Yes.

Do you mean to swear that you never had a note from Mr. Edwards of the weight and price that he meant to sell it at? - No, I do not remember that he ever did.

Court. If after this, any thing of the kind should happen again, it will be the duty of the Court to order a commitment.

(Deposed to by Mrs. Cleane.)

Who apprehended Manypenny?

Beamish. I did, the 5th of this month, the same day as Simmonds, it was last Wednesday fortnight; I searched the house in Tash-street the same day.

Prosecutor. Here is the trunk, but the person is not here that found it; one Atkins found it at a woman's house in Spitalfields; my wife was present when Atkins found it.

Mary Cleane . On the 30th of August this trunk was advertised as found, I went and went and found it was mine; it was at a poor woman's in Wheeler-street, Spitalfields.

Court to Meacham. Upon what ground was Manypenny admitted an evidence? - He was taken up for another matter at a coachmaker's in Holborn, and he said he would give an account of a vast number of robberies, and he did.

RICH. WILL. MANYPENNY sworn.

How long is it since you lived with Mr. Edwards? - As near as I can recollect about a year and a half.

How old are you? - I was fifteen last February.

Do you know Messrs. Hinchliffe and Hollyer, refiners? - Yes.

Do you know Cowie? - Yes.

When you lived with Mr. Edwards, did you use to carry plate to sell? - Yes.

Often? - I was there two or three times I believe.

Cowie knew you? - Yes, by living with Mr. Edwards.

Did he know you had left Mr. Edwards? - No.

Had not Mr. Edwards, in a year and a half, or two years, sent other servants to this place? - He might, but I do not know.

You took some plate there on the 20th of July? - I am not certain of the day of the month.

Was that tea-pot one of the articles? - Yes.

You sold him other things at the same time? - Yes.

Where did you tell him you came from? - From Mr. Edwards.

How long had you lived with Mr. Edwards? - I lived with him twice; I believe about two years.

Had you any knowledge of the value of the plate while you lived with him? - No.

What was your employ chiefly at Mr. Edwards's? - I was errand-boy there, he used to trust me with a great deal of property.

How came you to leave him? - It was in the lottery-time I left him, I did live at a lottery-office; the first thing was, I had an accident to lose some cases, and he wanted to stop all my wages, four shillings a week, and I would not; I left him to live at a lottery-office; I lived with Mr. Wetherall in Holborn, and another person since, but I had no employment at this time.

How long is it since you took up the business for which you were committed.

About six months ago.

Where did you get the plate you sold to Cowie? - In Clare-street, Clare-Market.

How long had you had it before you carried it to Cowie? - Between two and three hours.

How did you get it? - Simmonds went up stairs and brought it down.

Where was you? - Standing at the door.

How long had you been acquainted with Simmonds? - Three or four months before.

You are sure he was with you when you got this plate? - Yes.

How did he get in? - The passage door was open, and he went up stairs, he brought the trunk down and put it behind the door, and I went in and took it and carried it as far as Covent-garden.

Did you see him put it behind the door? - No, but I saw him come out of the house; he told me there was a trunk behind the door, and I went in, and fetched it out.

What time of day was it? - About three, or between three and four in the afternoon.

How came Simmonds not to take it himself? - I do not know.

Did he bid you take it? - He told me there was a trunk there; I knew what he meant; I took it on my head, and went a little way down the street, through an alley, into Bridges-street, Govent-garden; Simmonds and I took a coach there, and drove to Whitechapel, near Petticoat-lane; we took the trunk out of the coach, and went into a public house with it.

Do you know the number of the coach? - No.

Did you ever try to find that coach again? - Yes, but I believe I should not know the coach again if I was to see it.

Have you ever seen the coachman since? - I do not know, I might in the coach; we broke open the trunk with a knife.

He or you? - I helped him.

What did it contain.

(Repeats the things mentioned in the indictment.)

Did you put the plate into the trunk again? - Yes.

What did you do with it then? - He went out, and bought a yard of tenpenny cloth, and I staid, and minded the trunk; he called for a pint of ale; he came back, and brought the cloth, and tied the plate up in it.

In the public house? - Yes, we put the trunk before the plate and drawed the curtain.

What public house is it? - I cannot tell, it was some where in Whitechapel; I think I could find it again, because there is a cobler stall under it.

Should you know the landlord again? - I do not know, but I think I might know him if I saw him; he took the plate, and I took the trunk, and we went away from the public house.

What did you do with the trunk? - We went down a great many turnings, for fear any body should be looking at us; we went into another public house, and had some gin and water; we drank it, and I took the trunk out, when we went up two or three turnings, I dropped the trunk in an alley.

Did Simmonds wait for you? - No, he went on.

Was any thing left in the trunk? - Yes, some candlesticks; I do not remember any thing else being in it; we then went straight on to Mr. Cowie's; I took the plate from Simmonds.

What the whole cloth of plate? - Yes, I went in with it.

Did you sell it all there? - No, there was a milk pot, a papspoon, and some tea spoons, and other things; Simmonds said he would keep them back a little, for there was plenty for one time; he put them in his pocket; they were kept out when we broke the trunk open before they were packed up in the cloth.

In the first public house? - Yes.

Simmonds did not go into Cowie's with you? - No.

All you carried in, Cowie bought? - Yes.

Did Cowie pay for it? - Mr. Edwards had been there selling some plate, and there was some left that he had not paid Mr. Edwards, and he gave me the difference to give Mr. Edwards; he gave me two ten pound notes, and two guineas, and he gave me a note of it, which I left on the compter.

How much was that for the plate you sold him? - About thirteen pounds two shillings I believe, but I cannot say.

The rest he owed to Mr. Edward's before? - Yes.

Had you sold plate to Cowie often after you had left Mr. Edward's before this? - Two or three times, it might be four times.

the notes, he said I must go back, and get them changed; I went back, and told him that Mr. Edwards would be glad if he would change that for me.

Did Simmonds send you in directly? - No, I kept out a little, till I thought I had time enough to go to Mr. Edwards's.

Where does the refiner live? - In Aldersgate-street.

Did you get cash for the notes? - Yes, for one, and he said I must get change for the other; I got the other changed in Wood-street; I told them I came from Mr. Jones, of Hatton-garden; we then went home.

Where is home? - Simmonds's lodgings, No. 34, Tash-street.

Did you go with him? - Yes, but I did not stay long; I went home to my mother's after that.

Do you know what became of the articles that were kept back? - Yes, he took them in a cloth, and said he would go to Hendon; we left them at a public house, in Gray's-inn-lane, as a bundle; he went and fetched them away on Monday, and carried them to Hendon, and I went down the next day, and came up the same night; when he came to town, he had spent all his money, and Mrs. Simmonds sold the milk pot, and spoons, and tea tongs.

How came she to sell them? - Because I did not know where to sell them, and he said his sister knew a young man that would buy them.

Did you go with her? - No.

Then how do you know she sold them? - They both told me so.

What did she say? - She said Dick, I have been to tell some spoons, and a milk pot.

How came she to say so? - Because she knew very well that Tom and I used to be together.

Do you know whether she knew how you got them? - No, I do not.

What was Simmonds? - A butcher I believe.

Did you ever hear him tell her how he came by these things? - No, I did not.

Did you ever see any of these things in her possession? - No, I did not.

How long after did you hear her say she had sold these things? - I believe it was the same day she sold them.

Do you recollect what day? - I cannot.

How long after the robbery? - It might be a fortnight.

Did she say who she had sold them to? - Yes, one Mr. Jones in Fleet-street; there was a pap spoon he had in use a great while till he wanted money, and that he pawned; I do not know who pawned it, he told me it was pawned.

Did he say where? - No, he did not.

Do you know of any thing else being pawned? - I cannot say.

You never heard him tell his sister how he came by these things? - No, never.

Did you ever tell her? - No, I never did.

You never told her any thing of this robbery? - No, never.

Mr. Garrow. You have promised to tip me some of your gammon, have not you? - No.

Do you mean to swear you never said so this morning? - No, I never said any such thing.

However, I shall tip you some hock to your gammon; pray, young gentleman, whose lottery office boasts your education? - I lived at one Mr. Shergold's.

You have been about six months a thief? - Yes.

Regularly at the trade? - Yes.

Besides dabbling a little before; in the course of six months, you have carried on a roaring trade? - Yes, I and Simmonds.

In the course of six months, you and Simmonds have carried on a roaring trade at it? - Yes.

On the day you went to Clare-street, you were on the way to Parliament-street? - No.

I thought you was going to dispose of the watch you did in Theobald's-road that day; was it not the same day? - I cannot recollect.

And you shall have the honour of it; now upon your oath, was you not on the road to Parliament-street, and seeing this door open, you thought it a good convenient opportunity? - No.

There was one little circumstance you missed, though you have been very accurate; how much of this twenty three pounds you had for your own share; you welled one of these notes, did not you? - I do not know what that is.

Then I will tell you what welling is, when you take twenty pounds, you put ten pounds in your own pocket, and divide the other ten; how much did you give Simmonds? - Of the first ten pounds note, he had five pounds.

You did not well any that time? - No.

It is about a twelvemonth since you spun your top into the area in Brook-street? - Yes.

That was before you was a regular thief? - Yes.

You made forty guineas of that job? - Yes.

You went and brought out forty guineas, how did you get that forty? - It was in a cupboard; the key was in the cupboard door, and I opened it; but my top never went down the area; young Mr. Sherwin used to take notice of me, and I used to go backwards and forwards to see him kill the sheep.

And you thought that a good convenient opportunity to open the cupboard door, and steal forty guineas; and I believe Mr. Sherwin was fool enough not to prosecute you? - Yes.

You kept a lady or two of course? - No, I did not.

Pray who were those girls that came to visit you while you was under confinement? - They were Simmond's acquaintance.

Have you ever been here before? - No, never.

Have you never been up in the gallery to study? - No, never, I have been in that corner. (Pointing towards the door).

Oh, that was the place of your study, the next place you will be in, will be there; (pointing to the bar) for you will be hanged in the course of two sessions.

Jury. Was the plate of the same colour when you sold it, as it is now? - No, it seemed as if it had lain by a great while.

Court. Where did you live last, before you was taken up? - I never was away from home.

Did your parents know you was carrying on this trade? - No.

What did you do with your money? - When Simmonds was out of money, he having a family, I used to lend him mine.

Then you robbed for the sake of lending your friends the money? - We never used to rob when we had money.

What are your parents? - My father is a cabinet-maker, and my mother a mantua-maker.

Mr. Garrow. I would have you take care of yourself, for I assure you, I will have you watched as soon as you are discharged; I will take that upon myself.

Thomas Simmonds had nothing to say in his defence.

Mary Simmonds delivered in a written defence, which was read by the clerk of the arraigns as follows.

My Lord and Gentlemen; I do not wish to deny, or even to disguise a single circumstance of truth; conscious that my innocence of any criminal intention in this unhappy business, will appear in the most satisfactory light. I stand before the Court a striking example, that the most perfect innocence may inadvertently become the subject of a criminal accusation, and that a life of honest industry may be tainted in a moment; my affliction is of a peculiar nature, and increased by the means which brought it upon me: for, though a common share of prudence might have furnished me with a sufficient degree of precaution against the artifices of a stranger; yet human foresight could not have suggested a possibility of danger from the snares of a brother. When I pledged the various articles laid in the indictment,

I entertained no suspicion that I was violating the law. The open and undisguised manner I did it, at mid-day, which has been proved to the Court, will, I trust, convince you, that I could be under no apprehension of guilt. My unhappy brother brought me the articles, and informed me, that a master with whom he had formerly work'd, was obliged to make up a sum of money, but did not chuse to expose himself, and therefore had requested him to do it for him; under these circumstances, I took the things to Mr. Jones in Fleet-street, to whom I had been known many years, and he offered me five shillings and nine-pence per ounce, assuring me it was the utmost value; it then occurred to me it would be a good opportunity to buy the tea-spoons and tongs, cheaper than I could buy them new, and I therefore took them myself at the same price Mr. Jones had offered me; but as I was not possessed of quite money enough to give to my brother, I left four of the spoons and the tongs at Mr. Jones's to raise the remainder: I accordingly paid my brother after the rate of five shillings and nine-pence per ounce. This, my Lord and Gentlemen of the Jury, is the true simple statement of the transaction; under these circumstances, I have done nothing more than a common act of friendship, which I was credulous enough to think I might have safely done for an indifferent person; it is some consolation that I am able to produce unimpeachable testimony from respectable persons now in Court, of an irreproachable character; which, I hope, will have its weight. I trust you, Gentlemen of the Jury, will be satisfied, that I was drawn into the commission of the offence now charged upon me, without knowing that I was the instrument of violating the laws of my country. I leave myself in the hands of you, my Lord, and you Gentlemen of the Jury, in full confidence, that as my conscience does not condemn me, I shall have the happiness to hear you pronounce me innocent.

The prisoners called six witnesses who had known them from their infancy, and gave them a good character.

THOMAS SIMMONDS , NOT GUILTY of breaking and entering the dwelling-house, but GUILTY of stealing the goods to the value of 40 s. Death .

735. THOMAS SIMMONDS and JAMES GREENWELL were indicted for stealing, on the 23d of August , two cloth coats, value 2 l. 10 s. two waistcoats, value 15 s. five linen shirts, value 2 l. 10 s. and four pair of breeches, value 2 l. the property of Thomas Pinkerton , in his dwelling-house .

(The witnesses examined apart at the request of the prisoners.)

THOMAS PINKERTON sworn.

I live in Tower-street , I missed the things in the indictment on the 28th of August, above eleven o'clock in the forenoon from my bed-chamber; they had been lying loose there.

When had you seen them before? - I cannot say, it might be a week or ten days; about ten days afterwards, I saw the things at the Office in Litchfield-street in the possession of several pawnbrokers; I was sent for by one of the officers.

Was any body in custody at that time? - Yes, both the prisoners.

Did the prisoners say any thing about the things in your hearing? - No.

EDWARD TREADWAY sworn.

On the 5th of this month, I searched Simmonds's lodgings, on the information of Manypenny; Beamish took him near his own house; he lives at No. 34, Tash-street;

in his lodgings, I found these duplicates, which relates to this indictment, in this pocket-book, in a box, in the parlor below stairs.

This pocket-book was produced before the magistrates? - Yes.

Did he say anything about it? - Nothing that I recollect.

Did you at any time hear him say, whether this was or was not the place where he lodged? - No.

Do you know any thing of the prisoner? - No, only from Manypenny.

JOHN BEAMISH sworn.

I went with Treadway to search this house in Tash-street; I was called out and informed that Simmonds was just run away; I came out and saw Simmonds about thirty yards off; I pursued him and took him in Hatton Garden; I searched him but found nothing upon him; I took Greenwell the same day at a mangle maker's in St. Giles's, but found nothing upon him, or at his lodgings, relative to this indictment.

GEORGE MEACHAM sworn.

I went round with Manypenny among the pawnbrokers, and he shewed me the house that was robbed. (Produces some duplicates.)

Are these the duplicates by which the things were found? - Yes; I had them from Treadway; we found a coat, waistcoat and breeches at Mr. Wessel's at Westminster, and some things at Hall's in St. Martin's-lane.

CHARLES YOUNG sworn.

I apprehended Greenwell at a mangle-maker's in St. Giles's, but found nothing; I was at the apprehending of Simmonds; I found this duplicate in Simmonds's fob-pocket.

THOMAS BEARNHOLDT sworn.

I am servant to Mr. Hall, a pawnbroker in St. Martin's-lane.

Look at that duplicate? - It is my master's hand-writing, but I was present when the things were brought by the prisoner Simmonds.

Did you know him before? - No.

Was any body with him? - No, he was alone.

You are sure he pledged the things in this duplicate? - Yes.

How do you remember? - I saw my master give him the money, and I put up the things; I am sure the prisoner is the man.

(The things produced and deposed to by the prosecutor.)

ROBERT CLARK sworn.

I am servant to Mr. Wessels a pawnbroker in Bridge-street, Westminster; I took those things in of Manypenny. (The things produced and deposed to by the prosecutor.)

Court. Gentlemen, there is no evidence to affect Greenwell, except that of Manypenny the accomplice; therefore you will acquit him.

GREENWELL, NOT GUILTY .

RICHARD WILLIAM MANYPENNY sworn.

You lived formerly with Mr. Edwards a silversmith in Cheapside? - Yes.

How long have you left him? - About a year and half or two years.

Since you left him you have lived with several people? - Yes.

And particularly in lottery offices? - Yes.

How long have you followed the prosession of thieving? - Between five and six months.

During that time you have committed as many robberies as you could find an opportunity? - Yes.

You committed one of forty guineas, I believe a twelvemonth ago? - Yes.

Do you know any thing of a robbery in Mr. Pinkerton's house? - Yes; I believe it was about six weeks ago, or it may be two months; Simmonds went up stairs,

What time of day was it? - It was sometime between eleven and one, but I cannot say exactly; he staid about five minutes or more, and brought the things down in two bundles; we all three went into a public-house, but I cannot recollect where we opened the things; I took a coat and some shirts into Mr. Wessel's to pawn; Simmonds went and pawned two pair of breeches at Mr. Hall's in St. Martin's-lane; I was with him, but I did not go in.

When were they pawned by Simmonds? Either the same day of the robbery, or the next, I cannot say which; I pawned the things at Mr. Wessel's for a guinea and a half; I gave Simmonds half-a-guinea and Greenwell nine shillings and sixpence.

Did Simmonds give you any of the money for the things he pawned? - Yes; about six shillings, or seven shillings and six-pence, but I cannot exactly say; there were some shirts pawned at Mr. Cordy's on Snow-hill, but I cannot say whether they were this gentleman's or not.

PRISONER's DEFENCE.

It was Manypenny that went up stairs and brought them down in two bundles.

736. THOMAS SIMMONDS was again indicted for stealing on the 11th of August , two pieces of callico, containing forty-four yards, value 4 l. and two pieces of cotton containing forty yards, value 3 l. the property of Samuel Swan and William Oddy , in their dwelling-house .

There being no evidence to affect the prisoner, except that of the accomplice, he was acquitted .

737. ANN GOODCHILD and ANN STEELE were indicted for that they in the king's highway, on the 16th of July last, in and upon Ann the wife of Robert Johnson , did make an assault, putting her in corporal fear and danger of her life, and taking from her person, a silk handkerchief, value 3 s. and a pair of gold ear-rings, value 2 s. the goods of the said Robert Johnson .

ANN JOHNSON sworn.

My husband is a seaman and is gone abroad with Captain Dixon; I live at No. 10, Tottenham-court-road; on Monday the 16th of July about two o'clock, I had been to the Swan, Holborn-bridge, to carry some things to go in the country to my child; I was very faint, and went into the Two Brewers public-house, opposite St. Giles's Church, and called for a pint of beer and some bread and cheese; the prisoners were there, they were sitting in a box with two men; Steele got up and bid me get into the middle, and I did.

Had you ever seen them before? - No, never; the back part of the public-house comes into Dudley-Court ; they followed me out into the Court, and Steele said, mistress, do you know your hair is down; I said I did not know it; says she, it is down; stop, and I'll do it up; I stopped, stock still for her to do it up; I felt her about my cars, and then the other come full drive at me and snatched my handkerchief off; I had just been to pawn the handkerchief, and they would not take it in because it was India, and I had thrown it just over my shoulders.

Was it pinned? - No.

Was it tied? - No, only just thrown across my shoulders.

When Goodchild pulled at your handkerchief, did you pull to save it? - No,

I could not, she had it off in an instant; upon which Steele came up and said, d - n your eyes, you bitch, if you say a word I'll knock your brains out; she gave me a blow with her fist, and knocked me down and ran away; I have never been well since.

Did you lose any thing besides the handkerchief? - Yes, my ear-rings.

Do you know who took them? - Yes, Steele; for I had them when she knocked me down, and when I got up they were gone.

When did you find them again? - I found Goodchild about two hours after, at the Two Brewers, drinking with two men; I found Steele the next day in St. Giles's.

Have you any doubt about their persons? - No, none in the least; I am very sure the prisoners are the same persons.

Prisoner Goodchild. Did not you give me the handkerchief? - No; she took it off my neck.

Court. Upon your oath? - Yes.

Was you in any-body's company besides at the Two Brewers? - Yes; there were two women with their husbands, as they told me.

Do you know whether there is any reward in this prosecution? - No; I do not.

Have you ever heard that there is any reward? - I have heard talk of it when I first came to London,

Do you know for what kind of thieves? - No.

Do you know if there is a reward in this case? - No; I do not.

Upon the oath you have taken? - No.

WILLIAM SHIPLEY sworn.

I am a pawnbroker in Panton-street, Hay-market; on the 16th of July, the prisoner Steele pledged this handkerchief with me for 2 s.

Have you any doubt about her being the person? - No, none in the least.

Prisoner Steele. It was 2 s. 6 d.

Shipley. It is a mistake of mine, it was 2 s. 6 d.

SUSANNAH HAYES sworn.

I lodge in the next room to the prisoner Steele; on the 17th of July, she put a duplicate upon a shelf in my room; the officer, Crosby, had it of me about three-quarters of an hour afterwards.

Will you swear the duplicate the officer had of you, is the same duplicate she brought into your room? - I will not, but there was no other duplicate that I know of in the place; she was going a little way out of town and desired me to take care of it till her return.

- CROSBY sworn.

I am a constable; I took the prisoner Steele on the 17th of July, and found the duplicate in the room of the last witness as she has related. (Produces it.)

Shipley. This is the duplicate she had from me.

(The handkerchief produced and deposed to by the prosecutrix.)

GOODCHILD's DEFENCE.

This woman was in liquor, she was lying with her head on the table asleep; she had a soldier with her, and they begun dancing; I went out and came back again, and sat down, and in about half an hour's time, she said she had been robbed, and I saw no more of her.

STEELE's DEFENCE.

I went to the public-house to see for my husband; the prosecutrix was there with a soldier, and he begun to pull and haul her about the bosom; she came into the box where we were; I told her to go into the box for we did not want her company; she insisted upon our drinking with her, and said, if she had not money, she could pawn her handkerchief; she shew'd a farthing, and said that was all she had; that she had been robbed in the box where she was asleep; she took it to a pawnbroker's in Hyde-street, and they would not take it of her; I took it for her to Mrs. Davis's the corner of Middle-row, St. Giles's,

and they would not take it; she said she would not go any further; however, she went across Leicester-fields, and asked me to go into this shop; the gentleman gave me half-a-crown; she desired me to keep the duplicate till next day for her.

Court to the prosecutrix. This is a very serious charge against the prisoners; their lives must answer for it, and you are bound to tell the truth; were you in liquor that day? - No, I only drank part of 6 d. worth of gin and water amongst three of us.

Was there a soldier at the Two Brewers? - I don't know, for I did not look.

How came you to join them in the public-house? - Steele got up for me to come in and sit down, as there was no room.

Did Steele accompany you to any of the houses to pawn your things? - No, no where.

Now upon the oath you have taken, did you go with her to Leicester-fields to pawn that handkerchief? - No.

She did not leave you at the door while she pawned it? - No, no such thing.

738. ELIZABETH WALKER was indicted, for that she in the king's highway on the 21st of July , in and upon Ann Rintoul , spinster , did make an assault, putting her in corporal fear and danger of her life, and stealing from her person, a boy's cloth coat, value 5 s. a pair of velveret breeches, value 8 s. a pair of sattinet breeches, value 2 s. and a linen handkerchief, value 6 d. the goods of Charles Rintoul .

ANN RINTOUL .

How old are you? - Ten years.

Do you know the nature of an oath? - No; but I know if I tell a lye I shall go to hell.

Do you know if there is any difference between telling a bye, and telling a lye when you are sworn upon the Bible? - No, I don't.

Have you learned your catechism? - No.

Can you read? - Yes, a little.

Did you ever read your Bible? - No.

Do you know what you are brought here for? - Yes; to say what I know.

What you know, about what? - About the prisoner.

Have you told what you know before to your mother or any body? - No, not all.

How came you not to tell it all? - Because I forgot some of it.

And do you think you remember it better now, than you did then? - I can remember it as well.

How long is it since this happened? - Eight weeks last Saturday:

Has any body told you what you should say? - No, only that I must tell all that I know.

ANN RINTOUL sworn.

Between eight and nine in the evening, my mother sent me to the pawnbroker's in Chiswell-street , the corner of Grub-street, for a bundle.

Where does your mother live? - At No. 6, Mitchel-street , at the back of St. Luke's church; I gave in the duplicate, and got the bundle; while I was there, the prisoner came in with a coloured apron; says she to me, my dear that is a large bundle for you to carry, how far have you got to carry it; I said I had not got far, only to Old-street; she came out with me, and asked me if I was going any where else; I said no, only to get some cabbages as I go home; says she, go along with me, my mother sells nice cabbages three a penny; she took me by Whitbread's brew-house up a Court, and then she took me over a wide open place, and I began to grow frightened, and I would not go any further; she said oh! my dear, don't be frightened, I will take you back again, and then she took me down another Court that was darker; she said, my dear, let me

carry your bundle for you, for the watchman will come by presently, and ask you what you have got there; she took hold of my bundle, and endeavoured to get it from me, and I held it fast, and she tore the handkerchief in trying to get it from me, and she hit me two or three thumps in the face, and my nose bled on my pincloth; (produces a pincloth covered with blood:) she threw me down and the handkerchief tore, the things came out, and she dropped all but one pair of breeches; and run up another Court, and there she threw them away, on the step of Mr. Wilson's door; I called out murder and thieves, and she was pursued, the watchman ran after her, and Mr. Harrison caught her; she was carried to the watch-house, and I staid at the watch-house till my mother came to me; she was sent for, the things were pick'd up, and brought to the watch-house too.

MARY RINTOUL sworn.

On Saturday night the 21st of July, I sent this little girl my daughter to the pawnbroker's with the duplicate; there was a coat and two pair of breeches tied in a handkerchief; I was sent for, above an hour afterwards, to the watch-house; she went out between eight and nine, and I was sent for a little after ten; I found my child there and the prisoner in custody.

Were your things there? - Yes, part of them; there was a coat and a pair of breeches there, and the rest was found in the Court where the child was robbed, by Mr. Harrison and some other persons.

ANTHONY HARRISON sworn.

On the 21st of July about half past nine o'clock, I was informed that a child had been knocked down and robbed, and that the woman was gone down White-cross-street; I overtook her near Beach-lane, walking very fast; I brought her back to the watch-house; I asked her how she came to do such a thing to the poor child; she said she did not care, she knew she was guilty, and repeated it again at the watch-house; I saw the little girl there with her face bloody, and she said directly that was the person that robbed her; I searched her, but found nothing; I took the prisoner to the Compter, and I went into the Court and found this pair of breeches and this handkerchief torn in this manner on the ground.

Is the Court a thoroughfare? - Yes; but few people go through that part of it, because it is very dark, and there is a lighter part.

CHARLES WILSON sworn.

On the 21st of July between nine and ten o'clock, I was standing in my father's house, I heard the little girl cry murder; I went out and saw the prisoner pulling the bundle away from the child, she got it from her; the handkerchief and one pair of breeches dropped; I kept close to her, and she stood up in the Alley, and then she went down into White-cross-street, and I pursued her till Mr. Harrison the constable came after her, and took her to the watch-house; she said she had thrown the bundle upon a pair of steps.

Are you sure the prisoner is the woman? - Yes.

GEORGE WILSON sworn.

On the 21st of July, I found a pair of breeches on my steps, and a coat on the child's arm.

JOHN EDWARDS sworn.

I had these things from the last witness; I have had them ever since.

(Deposed to by the prosecutrix.)

PRISONER's DEFENCE.

I was walking up White-cross-street; this gentleman tapped me on the shoulder, and told me I must go with him; he took me to the watch-house; this little girl was asked if I was the person; she did not say any thing till some-body whispered to her;

and then she said I was the person; a few minutes afterwards the lad came in, and they asked him, and he did not say anything for a great while, and somebody spoke to him, and he said I was the person.

739. SARAH M'CORMICK was indicted for that she, on the king's highway, on the 18th day of August last, on one Thomas Mears , did make an assault, and him the said Thomas Mears did put in corporal fear and danger of his life, and feloniously did take from his person against his will, 6 s. 6 d. in money, his property .

THOMAS MEARS sworn.

I live in St. John's-lane, Smithfield; I work for Mr. Wick of Islington, who has undertaken to build the New Compter; on Saturday night, the 18th of August, I had received my money of my master; and about seven or eight o'clock, as I was coming through Cloth Fair , I met three women, the prisoner was one; they asked me to give them some gin; I said I would not; they swore they would have some gin; I had a spade upon my shoulder which I work with, and one of them laid hold of the spade; the prisoner went round and turned my pocket inside out.

Are you sure it was her? - I am sure it was her; I spoke to her and told her to keep away; she turned out my breeches pocket, on the right hand side; as soon as she had turned out my pocket and got the money, she loosed me and ran into the Weaver's Arms just by; I followed her immediately, and never lost sight of her.

Had she taken any thing? - She had taken six shillings and six pence out of my pocket, and she had got it with her.

Are you sure that you had six shillings and six-pence in your pockets? - I am perfectly sure of it.

You followed her into the public-house? - I did, and challenged her with taking my money; I wanted to take her up, and the man that belonged to the house pushed me out as I went to the door; a man came and struck me right on the breast and knocked me over in the street, and I stopped within sight of the door till the watchman came, and I called him and gave him charge of her.

Was she there still? - Yes, she was there with a man drinking just by her; then she was taken into custody, and she was taken down to the watch-house; the constable never searched her.

How came that? - I do not know.

Did he refuse to search her? - I don't say he refused to search her; then a man passed his word for her appearance, and she was discharged.

Whose word was taken for her appearance? - The publican's.

Did she come again on the Monday? - I went on the Monday to the constable's house, and to the Weaver's Arms to enquire for her; I found he was gone to the Excise-Office, and the mistress of the house told me where she lived, and we went to take her in her own room.

What public-house was this? - The Weaver's Arms in Cloth-fair.

On the Monday you took her up, and carried her before the magistrate? - Yes.

And she was fully committed? - Yes.

You was quite sober? - Yes; I had drank share of one pot of beer, that is all I had drank that day.

You lost nothing but the money? - No.

JOHN CAMERON sworn.

About ten o'clock, as I was coming my round, I saw this man standing crying at the door, he had got a shovel or a spade in his hand; and he was standing crying at the publick-house door, the Weaver's Arms; he said he had been robbed by some woman, who was gone into the Weaver's Arms; I asked him if he should know the person, he said he should; I

went into the house with him, and the man of the house said, there was no person there that had robbed him, and desired him to go out; the prisoner at the bar was there, and he said he was sure that was the woman; we came out, and I asked him if he was sure that was the woman when he was in the house; I told him if it was, I would go in and take her out; I did so, and went and took her down to the watch-house, and she was bailed as before related.

Who was the constable of the night? - One Mr. Vaughan.

Where does he live? - At No. 7, in Cloth-fair.

He took the publican's word? - Yes.

For her appearance on Monday? - Yes.

Is it usual to take bail for capital felonies? - That I do not know.

Is Mr. Vaughan here? - No; he was sent for, but he sent word he was too busy to come.

I don't wonder at his being shy; I believe he has done more than any magistrate can do.

PRISONER's DEFENCE.

I am innocent of what is laid to my charge; I was in at the Weaver's Arms, I had been there full an hour, when he came in; he said the landlady was the woman that had robbed him; me rob you! says she; yes, says he; says I, you may as well say that I robbed you, as to say that that woman robbed you; then, says he, it is you, and I will charge the watch with you; with that he charged the watch with me, and I was carried to the watch-house; the man of the house came down and was bail for me; I staid at home till the Monday, then he came for me; then I went to Guildhall, but I never saw the man till he came to say that he was robbed.

Prosecutor. I never lost sight of her till she got into the house.

ELIZABETH CARNEY sworn.

I live in Cloth-fair; I keep the Weaver's Arms; my husband is not here; he is not at home; he had nothing to do in it; he was not within at the time the affair happened, and the man came in, he came in soon after; all I have to say is, this man came in crying, he seemed to be drunk; it was about a quarter after nine, and some people in the tap-room asked him what was the matter; he said his pocket was picked of four shillings; some of the people asked him by whom; I stood up, that is the woman, says he to me; by and bye I got into the bar to serve; so he said no more but walked out; I laughed at him when he said it was me; he saw me going into the bar, and he went out.

He did not fix on any body else? - Not at that present time.

Did he say whether he was robbed by one or more? - He mentioned me as the person taking the money.

He did not mention any more at the time? - No, he went out when he saw me go into the bar, and sat crying.

What till the watchman came up? - Yes.

How long might that be? - About a quarter of an hour.

What happened after the watchman came up? - He and the watchman came in, and the watchman asked him which was the woman; he looked round, he saw the prisoner and he challenged her, then the watchman took her away.

Then after he had charged you, and you laughed at his mistake, he went out and sat crying at the door? - Yes.

And then came in again with the watchman? - Yes.

Then the watchman took her to the watch-house? - He did not go out without her, but took her to the watch-house directly.

Was any body present that is here, when the prosecutor came in and said he was robbed? - Yes, Sir, there is another that was in the woman's company.

Who is that? - His name is John Brown.

Is he here? - Yes.

Was he in your house when the prosecutor came in, the man that was robbed? - He was.

Did he and the prisoner come in together? - He and the prisoner came in both together.

How long had they been in before the man came in and said he had been robbed? - Better than a quarter of an hour.

They came in together? - Yes.

Did any body else join company with them after they came? - No, there was not.

What had they to drink? - They had beer.

Did you serve them? - No.

Who did? - The man that lives with me served them.

What is his name? - His name is Samuel Marks .

Do you know what it was they had? - No, I do not.

Did your husband come home while the man was standing crying at the door, or not? - No, he came in soon after he charged the woman with the watch; we went to the watch-house; we let the woman out.

Did he come home before or after they were gone to the watch-house? - I cannot recollect that.

Do you think he came home after they were gone to the watch-house? - I cannot recollect, whether he come home before she was taken from my house, or whether he followed her.

That is not the question; we all know he followed to the watch-house: I want to know whether he came home before the prisoner was taken to the watch-house, or whether he came home after? - I cannot recollect.

Did he take any notice of the man standing crying at the door? - No, Sir, I cannot recollect that; I cannot recollect whether he came home while the man was standing crying at the door; I do not know what he might say.

Can you doubt whether he came home before or after? - I cannot recollect.

Have you sworn truly; you have sworn when your husband came home; he was told that this woman was taken up? - I have said nothing but what is just.

It is true that he was told it when he came home? - He was told so; he would not go the watch-house.

Why then he did not see her taken up himself then? - No, Sir, I don't think he was within at the time she was taken up; he was not within when the man came in crying.

Was he within when the woman was up, upon your oath or not; come answer; you have had time enough to consider; why do not you answer? - I think the woman was taken up before he came in.

And then he went to the watch-house after her? - I do not know what passed at the watch-house; I know the woman by sight; I don't know whether she has any business, or what business; I believe she is single.

Is she a house-keeper? - She is a room-keeper; a lodger at my house, the next door to the Weaver's Arms, at another house of my husband's.

Has he many lodgers there? - Yes, he has.

A common lodging-house? - Yes.

You cannot tell whether this woman, tho' she lodged six months in your house, follows any business or not? - I do not know I am sure.

Did Brown go to the watch-house? - I believe he did.

Do you know whether he did or not? - Yes, I heard him say he did, he went out of my house the same time that she went; when the watchman took her, Brown went with her, they all went out together.

I mean the watchman, and her and Brown, and the man that was robbed? - Brown went with the watchman and the prisoner.

Then it was not Brown that told your husband that she was taken to the watch-house? - I cannot tell.

Was Brown in the house before the rest came back from the watch-house; or did they come back together? - I cannot tell whether they all come back together, or not.

Did Brown come back before your husband came back from the watch house? - No, he did not that I know.

Upon your oath did you or not tell your husband that the prisoner at the bar was taken to the watch-house? - Yes, I believe I told him.

Then it is not true that your husband turned this man out of the house when he first came in, and struck him? - No Sir, that is not true.

What time did they come home? - Between ten and eleven.

Did not they sup after that? - No.

Had not they a little merry-making after the discharge? - No.

What became of Brown and the prisoner afterwards? - They sat and had a pint; Brown went away first, I saw the prisoner there, I am sure Brown went away first.

How long might the prisoner stay after Brown? - She staid about a quarter of an hour after he went away, talking with me and my husband.

Do you know any thing more? - No, I do not.

JOHN BROWN sworn.

Do you know the prisoner? - Yes.

How long have you known her? - That was the first time of her ever being in the house; I have known her six years.

Does she follow any business? - I cannot tell; the first of my knowing her was thro' a young fellow that I work shopmate with, I cannot tell whether she follows any business.

Where does she live? - In Cloth-Fair.

Whereabouts? - I cannot tell the name of the street.

Do you know the Weaver's arms? - Yes, she lives next door.

How long has she lived there? - I cannot tell, I know her no further than seeing her about the street by sight.

Where do you live yourself? - In White-cross-street, No. 10.

What business are you? - I am a journeyman shoemaker.

Were you at the Weaver's-Arms on the night of the 18th of August? - I cannot tell the day.

Do you know the night this woman was taken up? - I was in there with her about a quarter after nine.

Who did you go with there? - I went with the prisoner about a quarter after nine.

Who else went in with you? - I knew none of the people that were in the house; only she and me went in together; that was about a quarter after nine.

How long was it before any thing happened? - About half past nine, a man came in crying, and he said he had lost 4 s. 3 d. and he first charged the landlady of the house, who was sitting in the tap-room at the Weaver's Arms; he came in by himself, and said he had lost 4 s. 3 d. and that she had robbed him of it, and he would swear it; he said that without any body asking him any questions, I never heard any body asking him any questions about it; and then directly as soon as he came in, he said he had lost 4 s. 3 d. and that the landlady had taken it, he went out crying.

Did any body tell him he was robbed? - No, I never heard any body tell him he was robbed; there were people in the house told him he had not been robbed by any body there.

What said the landlord to him for charging his wife with this robbery? - He was was not at home at the time.

You are sure of that? - Yes.

Then it is not true that he asked him what he meant by charging his wife with such a thing? - No; before the landlord came home the girl was charged; he went out crying, and stood crying at the door till the watchman went past ten, he brought him in and he charged this girl.

Was the landlord come home then? - I do not believe he was.

What passed when the watchman and he came in? - He directly fixed on this woman, and said she robbed him; the watchman told the man, if he would swear to it he would take charge of her, he said he would; upon that he took charge of her directly.

What did he do with her afterwards? - He took her to the watch-house in Smithfield.

What became of you? - The landlord came and bailed her out, I went with her to the watch-house.

The watchman had not been in before, had he? - Not to my knowledge.

The landlord came and bailed her out? - Yes.

How long after you was at the watch-house? - I believe it might have been for ten minutes or a quarter of an hour, that was the first of my seeing the landlord that night.

What became of her after she was bailed out? - After I came out of the watch-house, I went straight home, I did not stop, I did not go to the Weaver's Arms.

Are you quite sure of that? - I am quite sure of that.

Quite sure? - Yes, quite sure.

You did not drink a pint of beer with her after you came from the watch-house.

Mrs. Carney. Yes, you did, Brown.

No, I did not go to the Weaver's Arms, but I well remember she treated me with a glass of gin, at a gin-shop in Long-Lane.

Then she did not go to the Weaver's Arms? - Not to my knowledge.

What became of the landlord? - I do not know; he came home I suppose; I did not see the landlord after she came out of the watch-house at all.

Is Long-lane in the way from the watch-house to Cloth-Fair? - The Weaver's Arms is just joining to Long-lane.

Then the prisoner treated you with a glass of gin in Long-lane, and you left her at that door? - Yes.

Had you and she any supper before at the Weaver's Arms? - No.

Had you nothing at all to eat? - No, not there, I had my supper in Long-lane before I met with her.

Had the prisoner when you was there any thing to eat? - Not to my knowledge, I did not see her eat any thing to my knowledge.

You did not see the landlady bring her any thing to eat? - I do not remember that.

Had you gin or beer at the Weaver's Arms? - Beer, your worship, I had a pint of beer.

Who served you? - A young woman, she might be a servant for what I know, it was a young woman served us.

Do you know any thing more? - No.

Court to Watchman. I think you told me that you know the man that keeps the Weaver's Arms personally? - I do.

I think you told me that when the prosecutor first took you into the house, the landlord answered you, and said there was no person there that had robbed any body? - I say so now; I am sure it was him; it is true upon my oath; he desired me to go out and this man likewise.

Court to Prosecutor. You know the landlord of the house? - Yes; it is the same man that bailed the woman out of the watch-house.

Was that man in the house when you and the watchman went in the first time? - Yes, he was stripped in his shirt sleeves.

Is it true that he said what the watchman has said? - Yes, it is true.

He said there was no person there that had robbed you, and desired you to go out? - That is true.

You are sure of that? - Yes, upon my oath it is so.

Court to Watchman. How long have you known the master of the house? - Ever since he has kept the house, which I believe is six or seven months; I know his person perfectly well; I have no doubt but he is the person that spoke to me; his wife was there at the time, and she said this man challenged her before I came there with being the person that robbed him; that was when her husband was there, and when I first went in; the second time, when I brought him to the door, I said, are you sure that is the person, he said he was sure it was; I said, I will go and fetch her out; the husband was there both times, and followed us to the watch-house; I cannot say that Brown was there.

Jury to Watchman. Pray was the prosecutor any ways in liquor at the time you first met with him? - I do not know whether he might or no; he was crying and seemed very much troubled; I cannot swear he was not in liquor.

GUILTY , Death .

Court. Let Elizabeth Carney and John Brown be committed to Newgate for perjury; and the next thing is to write to the deputy of the ward to stop the licence of the house, and to have the constable discharged for a breach of his duty; as to the watchman, he will have a share of the reward.

740. CHARLES KNOWLAND , JOHN WILLIAMS , and MARGARET ROSEMAN were indicted for stealing, on the 20th day of July last, a cloth coat, value 10 s. a hat, value 10 s. a waistcoat, value 4 s. a pair of shoes, value 1 s. a pair of plated buckles, value 2 s. the property of Rice Evers .

The prosecutor was in liquor, and decoyed into a house by a woman he did not know; he fell in sleep, she left him, and two men, whom he believes to be the men prisoners came afterwards, and awoke him, then he missed his things; and the prisoner Knowland pawned the coat next day.

The prosecutor deposed to the coat, and James Anderson a taylor, deposed to by the prisoner Knowland bringing him the coat to clean, which was very dirty.

A second count, Charging him with stealing one piece of muslin, value 3 l. one other piece, value 3 s. their property, in their dwelling house.

WILLIAM SOWDON sworn.

I live in Watling-street ; the name of our firm is Robert Parker , Matthew Topham , and William Sowdon ; all the partners reside in the house; it is our joint property; we carry on the business of linen-drapers, and warehouse men ; I know the prisoner, he came to our service about sixteen months ago; he was a porter to the warehouse; he continued with us six weeks, then quitted us on account of ill health; he was absent between four and five months; he then applied to be received into our service; we removed another person, and took him in; that is about ten or eleven months ago; we had a suspicion for several months past of losing goods; on Saturday, the 8th of September; before I went to dinner, I took an account of several articles; the business of the prisoner, while I went to dinner, was to stay in the warehouse with another warehouse man; before I went to dinner, I took a particular account of several papers of the quantity, particularly of muslins; in one paper there was a piece that was not marked; I, in the presence of the warehouse man, marked it with a black lead pencil, with our private shop mark; all the rest had some mark; I left them in the warehouse as usual, and counted the number, which was

twelve; I went to dinner soon after two, and placed one person, in what we call the middle warehouse; his name is Richard Henry Hearn ; he could have an opportunity of seeing into all the warehouses; I placed another person behind the pantry door to observe who went into the cellar, and who went out of the house; his name is Barnard Ross ; another person was placed at the window, which looks into the muslin warehouse, to see who came in; then I went to my dinner; I was afterwards informed that something had happened immediately after I had dined; these persons were concealed from the view of any body; after that, I sent the prisoner out of some errand; he was taken into custody, searched, and nothing found upon him; I was not present when any thing was found in the cellar; but at Molloy's, in Earle-street, where his chest was found, I was present; it was the same night that he was taken into custody; I was not induced to go there by any thing that was said by the prisoner.

Did you ever hear the prisoner say any thing respecting that chest, or any thing it contained? - Before my Lord Mayor, he spoke about it, and acknowledged it.

Had there been any promises or threats? - No, he said what he said voluntarily, without any inducement:

Mr. Knowlys, Prisoner's Counsel. Be so good as to tell whether your partners were with him before he said any thing about that chest? - I do not know, I have no reason upon earth to believe that any thing was said to him; a variety of things he acknowledged to the buying of people in the streets, which things were found in his chest; he never was examined before my Lord Mayor but once.

What sort of articles were those? - Those were linen-drapery goods; new, and likewise remnants of muslins, and a variety of silks, and other things; we first found some callico handkerchiefs, at the house of Molloy; a variety of callico handkerchiefs, which I knew to be our patterns; in the chest we found one hundred and thirteen guineas and a half in gold, which this man acknowledged to be his.

Had you any reason to know before that, what his circumstances were from him? - He had frequently complained of poverty in my hearing, a fortnight or three weeks before; Mr. Topham keeps the cash, and pays the wages, he can speak to that; he acknowledged having but one guinea in the world; there were a variety of goods which he had in the chest, which are our property; he was asked how he came by them, and he said he bought them of different people in the street; in consequence of some further information, I went to an officer, Mr. Creach, in Sunmond's-street, Wapping, and found the remains of a piece of tambour muslin, with our private mark upon it, nothing else, and a duplicate; that muslin was produced before the Lord Mayor, but I do not recollect he said any thing about it.

Mr. Knowlys. No other person has any secret interest in your business, but what you have mentioned? - No, Sir.

Do you happen to be a married man? - No, single, the other partners are all single; I have not the principal care of the house.

Does either of the partners pay the whole rent of the house? - No, the expences of the house are paid out of the trade.

RICHARD HENRY HEARN sworn.

I am servant to the prosecutor; I was one of the servants that was stationed to watch when the gentlemen were gone to dinner; they concealed me behind some muslins in the back warehouse; it had a view of a door into it, so that I could see who went in or out; I was there about twenty minutes.

Was there any person left in the warehouse, except the persons left to watch? - John Dixey was left in the warehouse; the prisoner came in while the gentlemen were gone to dinner; he came into the compting house, and Dixey went out, and the prisoner came into the warehouse that I was in, and came into the far muslin

warehouse; I did not know what he did there; he stopped there about five minutes; somebody knocked at the front warehouse door, and he ran from this warehouse where I was concealed to the door to open it; then he went to the compting house, and rang a bell, and Mr. Sowdon came down; the prisoner came again to this warehouse where I was concealed, and went to the same far muslin warehouse; he stopped there about one minute; and he returned through the warehouse where I was concealed; I observed he was concealing something under his coat; he went through into the compting house; I saw no more of him; I told the young man; the prisoner was sent out, and afterwards taken up; I saw nothing found any where; I am sure the prisoner was the person I saw; I could see him do it; I could not be seen myself.

You saw nothing yourself? - No.

BARNARD ROSS sworn.

I am servant to this gentleman; I was placed behind the pantry door directly; I saw the prisoner go down into the cellar; I could not tell which way he came from, I only could have a view through a door; he went into a cellar; he stopped there about five minutes, then he came up again; I saw no other person go down into the cellar except the prisoner, from the time Mr. Sowdon went up, till he came down again; I saw nothing found.

Mr. Knowlys. All the servants have occasion to go into the cellar for many uses of the family? - Yes.

JON GEE sworn.

I am a shopman to these gentlemen; on the 8th of September, we took account of some muslins; I laid them promiscuously about the warehouse; I did not watch them afterwards; I searched the cellar, there I found two pieces of muslin in some rubbish under the cellar stairs; they are here; they have been in my possession ever since; they were found in about an hour after dinner time; immediately as I came down from dinner, I went into the muslin warehouse, and counted the papers; I missed two pieces, one out of each paper; all the pieces had our private mark on them but one, which I saw Mr. Sowdon mark with a pencil before he went to dinner; this is the same piece. (That piece marked with a pencil, produced and deposed to.) They were wrapped up in nothing, laying among the dirt; they were small pencil marks in characters.

Are you able to say from this, that this was one of the pieces so marked, and left in the paper before you went to dinner? - I am, because we had never another piece marked; this is the private shop mark, a very small mark.

What is the prime cost value of these two pieces? - One of them is sixty shillings, the other thirty shillings, or thirty-one; they were both in the warehouse when I went up to dinner, and both missing when I came down; I was present at one Nevil's, in Golden-lane; I was present at Molloy's, there we found several shawls.

Mr. Knowlys. Do you know how long these muslins had been in your master's warehouse? - One I suppose two or three months; it was a particular kind of goods; we had only one piece of it.

They were dirty when you found them? - They were in the dirt.

You went to Molly's, and found a great number of things? - I heard the prisoner say that some part of them belonged to himself, that he had bought them in the street of different people, whom he named.

Prosecutor. I believe this to be my property, and to be stolen from me.

Lavender. I matched the two pieces of that silk with the piece from which it was cut-off, and they match like an indenture; I have the money, but I was afraid to bring it.

PRISONER's DEFENCE.

A short time after I was taken, I was informed that they had taken my box, which contained, belonging to my sister

743. ISAAC SIMONDS was indicted for stealing, on the 14th day of August last, one linen wrapper, value 6 d. and twenty-two thousand nails, called coffin nails, value 42 s. the property of Richard Ripon .

745. ELIZABETH ANDERSON was indicted for stealing, on the 22d day of July last, one piece of gold coin, called half a guinea, value 10 s. 6 d. and eight shillings in money, the property of William Shepstone , privily from his person .

WILLIAM SHEPSTONE sworn.

On the 22d of July last, in the morning, I had been in company with my brother who came from the country, to shew him his quarters in Smithfield; it was past twelve, I was coming down to the Strand to my lodging in Buckingham-street; my landlord and landlady were gone to bed, I could not get in; it was between one and two; then I went to the Prince's-head to get some beer, and they were gone to bed; then I thought I would walk about till morning, and walking towards Charing-cross, this woman met me, and asked me where I was going; I told her I was locked out of my lodging, and was walking about till my landlord got up; she said she had got a very good room, she paid three shillings a week for it, and I should be welcome to go and stay there, and stay two or three hours, and longer if I chose; she said it was at Westminster; I asked her if it was a quiet lodging; she said it was, and I should be very safe; she took a key out of her pocket, and she told me that was the key of her room, and no one had a right there but herself; I went with her to Old-pye-street ; she took me up two pairs of stairs, and unlocked the door with the same key; we went in, and she locked it after us; then she asked me for a shilling; I gave her one; I sat at the side of the bed, and she stood at the window; I told my money that I had in my pocket, one half guinea, and eight shillings and sixpence in silver; then she asked me why I did not go to bed, I might as well go and sleep a bit as sit there; and after some time I went to bed; some time afterwards about four o'clock, I saw her going across the room with her clothes on; I asked her where she was going; she said she was going down stairs, and she would be up again directly;

she went down, and in the course of ten minutes or a quarter of an hour after, a soldier came into the room; he asked me what I did there; I told him a woman brought me there; he said she had no right, it was his place, and he swore that if I did not get down directly, he would bundle me down neck and heels; I was getting up, and looking round for my breeches which lay on the bed, I found only one sixpence left; I went into the street, and found the prisoner with this soldier drinking at the Blue-posts; I accused her of robbing me; the soldier said he would split my head if I mentioned it; I said she had, for no person had been in the room from the time we came in, to the time we came out, for I had not been in sleep; two more men came, and they desired her to go off; they put her out of the yard backwards, but I would not let her go, and Davis the landlord said if I made a noise, he would turn me out of the house, and they kept me in the passage, and they let her go out backwards; I overtook her, and the men came after me, and beat me, and got her from me again; I was obliged to let her go; I secured her the Tuesday evening following; she said she knew nothing of me, but after at Mr. Abington's office, she said she had the money, and if in case I would take such a person's word or his note, she would pay me so much a week; I heard her say so; there was no promise made.

Prisoner. He has sworn as false as God Almighty is true.

JOHN DAVIS sworn.

I keep the sign of the Blue-posts, in Great Peter-street, Westminster.

Do you know any thing of this matter? - I know nothing about it; he subpoened me; I do not know what for.

PRISONER's DEFENCE.

I went to Mr. Davis's house to have a quartern of gin, on Sunday morning seven weeks ago, there was a soldier sitting there having a pint of ale, and the prosecutor came in and said to the soldier, how do you do? I said I do not know him; says he, madam, I will make you know me. I live, my Lord, in St. Ann's-lane; he insisted on taking me into custody; he used me extremely ill, and there was a great mob.

Court to Prosecutor. Are you sure this woman is the same person? - Yes, my Lord, that is the woman which robbed me, and she acknowledged it at the Justice's, and I believe it was John Davis 's Brother that is here now present; she was examined by Mr. Abington three times.

Prisoner. There is the gentlemen that heard me; I never owned to the money.

Court. Is there an examination returned? - No.

Court to Davis. How long have you known her? - Six or seven years; I never heard of her robbing any body; she is an unfortunate girl.

746. JOHN MOORE was indicted for feloniously stealing, on the 25th day of June last, a silver watch, value 2 l. a steel chain, value 2 d. a seal, value 6 d. another seal, value 2 d. a key, value 1 d. and six pounds in money, the property of George Basham , in the dwelling house of John Miller .

GEORGE BASHAM sworn.

I slept at the Blue-boar-inn, in Whitechapel .

Whose house is it? - John Miller 's; I put my breeches under my head; I went to bed about a quarter after nine at night; I lost my silver watch, and six pounds in money; the watch had the stag and hounds on the face of it; I had six pounds odd money; in the morning before I got out of bed,

about six o'clock, I missed my watch; I looked under the bed, but I could not find it; I felt in my pockets, and found my money was gone, except six or seven shillings; it was in my right hand pocket; I waked about a quarter after eleven; I did not perceive any body, but there was a snoring in the next bed; there was one put to bed in the same room, but I never saw him to the best of my knowledge; the property was found on the prisoner.

JOHN NICHOLSON sworn.

I am constable in the Borough, about six or seven weeks ago, the watch was found, and the gentleman at the Blue-boar was reading of it in the paper; I was directed to Union-hall in the Borough, to look for it; I went there, and found two watches on the prisoner; I did not ask him how long he had had them, nor where he bought this watch; I asked him how he came by it; he said it was his own watch.

(The watch deposed to.)

JOHN MILLER sworn.

The prisoner was put to bed in the same room with the man that lost his watch; he said he should be in by ten; nobody else slept in the room; the prisoner went away in the morning without notice.

747. The said JOHN MOORE was again indicted, for feloniously stealing, on the 23d day of July last, a silver watch, value 4 l. a key, value 2 d. two other keys, value 2 d. a seal, value 6 d. and one and sixpence in money, the property of Joseph Beresford , in the dwelling house of Thomas Howard .

This watch was also found on the prisoner by Nicholson the constable; the prisoner said it was his father's watch, and he brought it from America; the prosecutor slept at the Bolt and Tun Inn, in Fleet-street ; but another man having slept in the same room, who was robbed of seventeen shillings and sixpence at the same time, and the prosecutor and Mr. Howard knowing nothing of the prisoner, and the chambermaid having fetched away the candle, and not appearing to prove whether she fastened the door or not, the prisoner was ACQUITTED .

749. SAMUEL CHAPMAN was indicted for stealing, on the 20th of August last, three shillings in money , the property of Richard Price .

The prosecutor deposed that the prisoner was his servant and shopman a year and three quarters; on Monday, the 20th of August, the prosecutor and his wife marked ten shillings, and sent a woman, Mrs. Brooks, to buy a piece of cheese; the prosecutor missed some of the money, and sent for a constable; the prisoner fell on his knees, and said he would confess; and

he voluntarily said he was guilty, and he was sorry for it, and that money was the temptation, and in the cellar, by the prisoner's direction, were found eight shillings wrapped up in paper in the saw dust tub, two of which were his wife's marking; he confessed again when the constable came.

Mrs. Brooks and her husband confirmed the above evidence, with respect to the marked money, and purchasing the cheese.

750. THOMAS COTTON was indicted, for burglariously and feloniously breaking and entering the dwelling-house of Samuel Blacklowe , between the hours of four and six in the afternoon, on the 20th day of June , no person being therein; and feloniously stealing eighteen half-crowns, value 4 l. 5 s. and 7 l. 15 s. in monies numbered, his property .

The witnesses examined apart.

SAMUEL BLACKLOWE sworn.

I live in Saunderson's Gardens, Hoxton ; I do not know how they got in; I know I lost my money and property.

WILLIAM BOOTH sworn.

I live near the prosecutor; he lived in a little house belonging to me; I thought I saw the pannel moved, and the nails drawn and put in again; it's a wooden window instead of glass; in the bottom of the window it looked as if it had been altered; when this poor man came home, he went into his room, and said, he had been robbed; the prisoner also lodged in a room of mine; the wall separates them; Blacklowe had a house to himself; the next day the prosecutor made great complaints of his robbery; I heard the prisoner was gone to Coventry, and I went down to the man, and received an answer, that the prisoner was in custody.

SAMUEL MOORE sworn.

I live in Coventry; Mr. Alderman Hewit sent for me on the taking up of Cotton, and Mary Handcox , he sent Mary Handcox down into custody; she was charged with being an accessary with Cotton in robbing Blacklowe's house; Cotton was sent to gaol that same evening; Mr. Alderman Hewit was in a poor state of health; he desired I would come and take an examination from Cotton, which I did.

Before you tell me what that examination was, tell me what was said to Cotton, in order to induce him to make discovery of this.

I did not hear any thing of it; I never heard any promise or threat that I know of; what he said was voluntary, and he signed it; I took it down in writing at the time, it was not in the presence of the magistrate, but in the presence of the constable, who is here; he was not sworn to it; I took down what he said at the request of Mr. Alderman Hewit; I asked the prisoner what he had to say, and I made a memorandum of what he had to say.

Can you tell us what he did say? - I have it here, but I cannot remember it.

Then I cannot take it, for it was taken without authority, but you may look at your memorandum in order to refresh your memory if you made a note of it yourself at the time? - He acknowledged he had broken into Blacklowe's house; I heard nobody ask him; I was sent for from my own house to write it down.

What was said to him before you cannot tell? - I cannot, the constable came to me, his name is James Nightingale .

I apprehended the prisoner; the alderman sent to me, and gave me a warrant to apprehend him for a felony committed at Mr. Blacklowe's.

Did you tell him what you took him up for? - Yes, he said he was innocent of the fact; I took him before the Alderman; he was examined first, and Handcox afterwards; the first time he said he was innocent; when he found that Mary Handcox was committed to the house of correction, he sent for me, and desired to know what she was committed for, for she was quite innocent, and he was very sorry, he wished he had told the Alterman the truth at first.

Did he say that of himself? - Yes, I asked him what was the reason he did not when he was there; he said he did not think she had been committed to prison; but he must speak the truth, he was so sorry; for there were two others that were concerned with him, and if he did not do them, they would do him; I asked him if he wished to let the Alderman know what he had to say, and he desired I would; I went to the Alderman, and told him Cotton wished to speak to him upon the business; the Alderman sent for him; and said, Cotton, what have you to say to me? he said, Sir, I am very sorry I did not tell you the truth at first, but the girl that is gone to prison is very innocent, she knows nothing at all of the business; there is two others that were concerned with me; so the Alderman desired Samuel Moore to take his examination and bring it up in writing; accordingly he did; I remember, he mentioned one Cox that was concerned with him, the other man's name I cannot recollect.

Before Moore took his examination, was there any thing said to persuade him, that it would be better for him to tell the whole truth? - No, not at all to my knowledge.

Neither by the Alderman nor any body else? - No, there was not.

Court to Moore. Refresh your memory by your notes that you took at the time, and tell us what this man said? - He said, that one Joseph Ward , and Thomas Cox , both at Manchester, were with him at the sign of the Two Brewers in Shoreditch, on the Friday was fortnight, from about four in the afternoon, till about eight in the evening; after some conversation, they agreed to meet again on the Friday following about three in the afternoon; accordingly they did meet, and he informed them that one Samuel Blacklowe , a blind man, he was sure was possessed of some money, and this Blacklowe had a room on the same premises with him, and he thought it would be an easy matter to come at it; then Ward, Cox, and himself, agreed to meet on the Wednesday following at four in the afternoon, at which time, he had fixed with them to take the blind man to the New-Road, and place him at the New Chapel gates; having so done, he went down and sent Mary Handcox , with whom he then cohabited, out of an errand; as soon as she was gone, he went and informed Ward and Cox, that the house was clear, and that was the opportunity to get at the blind man's money; accordingly, they came up with him to the Gardens where he lived; then Cox forced the wooden pannel out of the sash-window, which was fastened in with six nails; he then put his arms in thro' the broken place, with a stick in his hand with a hook at the end, thro' which he drew a hat from the side of the bed, which contained two purses, or small bags, tied with strings, from which they took two pounds in half-crowns, and five pounds in shillings, the other bag contained some bad half-pence, and put the bag back again; after this, Cox put the same hook and stick, and drew a bag with some shirts, from which they took three, one of which they pawned in Villar's-street, and another in Long-alley, for two shillings and seven pence each; the third he does not know what became of, having never seen them since; after the robbery was committed, they all three went into the fields, opposite Shoreditch

watch-house, where they counted the money, and appointed to meet at the Black Boy on St. Catharine's Hill; then they gave him two half-crowns; he went at the time, but they did not come, and he has never seen them since.

Upon your oath, is that the substance of what he said at the time? - I believe as near as possible; it was on the Saturday, I believe, I took the examination.

MARY HANDCOX sworn.

The day that this affair happened, Thomas Cotton made this proposal so me about robbing Samuel Blacklowe , the 20th of June; it was after dinner was over, he took Samuel Blacklowe out that day to his stand where he went a begging, and then he told me he was going to do it; and I asked him which way he would get into the place, and he said at a pannel that was opened before, which was fastened by four or six small tacks, and if he took them away, he could get in very easy; and after that, I told him he could not get in without somebody or other seeing him, and he desired me to hang a bed-gown across the line, which I did, and he put up a wooden board at the window to prevent any body seeing him that way; and he told me to go out of the place, and lock the garden gate after me, and take the key with me to prevent any body coming to see him.

Was it the same garden to your house as to Blacklowe's? - Yes, I went out and staid about ten minutes; then I returned, and he was in Blacklowe's room, and he desired me to go back again, and I went away again and staid, I do not know how long exactly; but when I came back he was in our own room; and when I came in, he shewed me the money that he had taken, which was between six and seven pounds, good and bad together, and he gave me some to count, and the remainder he counted; and then we went to the pawn-broker's to release some things of mine that were in pledge.

When you came back the first time, he was in Blacklowe's room? - Yes.

You saw him there, who was with him? - Nobody but himself.

Who was at the window? - I saw nobody at the window but himself.

Do you know a man of the name of Cox? - No, I know no such person.

Do you know one Ward? - No, I know no such name; I never saw him there that day, there was nobody with him in the room, he was by himself.

How came he to be discovered? - I do not know, we were taken up at Coventry, we went to Coventry that evening; he had been out of work, and we were reduced to the greatest distress in the world, and he said he must go to Coventry to get employ; he belonged to Coventry; we went to the Castle and Fleece, but the coach was gone; we went off with the Liverpool coach; the evening following we were both taken up at Coventry; I never knew that any body was privy to it besides himself and me, and he never told me any thing of that.

Court to Booth. How came you to send to Coventry after these people? - They had made a very precipitate retreat, when the old man came off his post from begging; I told him those people went away in a very hasty manner; then I pursued her to her mother's, and she told me they were going to Coventry.

PRISONER's DEFENCE.

I lived along with this woman some time, and before my mother died, she left me some money; till I was quite worn down; I had a letter from my father to come to Coventry; and I gave her the money to get the things out of pawn; I am innocent of the robbery.

How came you to tell this story that two men and you committed this robbery? - After the second examination, these two men took me down to the publick-house, and they gave me a good deal of beer; and they sent for half a sheet of paper, and they asked me if I could write; I said no; they wrote whatever they pleased, and I said I would not sign my hand to any

753. JANE DAWSON was indicted for stealing, on the 7th day of September , a silver watch, value 5 l. the property of William Huggonson .

WILLIAM HUGGONSON sworn.

I work at the George livery-stables, Long-acre, as an hostler ; I went to leave a bundle at a gentleman's house in the Strand; I stopped a little while at the Sun; I met with an acquaintance, and I crossed the street; I met with this woman it was half after eleven; she asked me where I was going; I cannot say I was perfectly sober; I told her I was going home to bed; I took her into the yard and she took from me my watch; I dropped asleep in the stable, and waked about half after one, or near two; I got up, and found the woman and my watch was gone; I had my watch when I went with her; I never got it again; it was found the next day; when I missed it, I lighted a candle, and went to look for it in the stall, there I found two keys and a piece of paper, the paper was about two yards from the keys that I had dropped out of my pocket.

JOHN QUICK sworn.

I am a pawnbroker in St. Giles's; last Saturday, a little before nine in the morning, the prisoner brought me this watch; I am sure it was her; I have known her these six or seven years; she asked me if I wanted one; she said she had found it on the Thursday night, in great Russel-street, facing Drury-lane, Playhouse; I thought proper to stop it but not the woman; I sent information of it to Justice Walker, and the woman was taken; this is the watch.

(Deposed to by the prosecutor.)

Court to prosecutor. Are you sure that the prisoner is the woman that went with you into the stable? - She is very like the woman, but I will not swear positively to her.

THOMAS MUMFORD sworn.

I apprehended the prisoner; she said, she found the watch on the Thursday night.

PRISONER's DEFENCE.

I found the watch on the Friday night last in Russell-street; it lay among some

754. MARY wife of JOHN LANGSTAFF was indicted for stealing, on the 29th of May last, a silver table-spoon, value 9 s. the property of Thomas Hoskins .

The spoon was found in the prisoner's pocket, which she had taken off a mackarel dish, and removed a pewter one in its place: she came in for some ale and to have some eggs dressed; she pleaded intoxication, and brought seven witnesses to her character.

755. ANN YEOMAN was indicted for stealing, on the 6th day of August last; one linen frock, value 1 s. one silk ribbon, value 6 d. the property of Samuel Bailley .

ELIZABETH BAILLEY sworn.

On the 6th of August last, I had my child brought home to me out of the fields, stripped of her frock and sash; I live in Old-street-road; my husband's name is Samuel Bailley ; the child was five years old the day it was done; she went out without my knowledge with another child near six years old; I never saw the prisoner before; Thomas Elstone brought the prisoner and the child to me.

THOMAS ELSTONE sworn.

On the 6th of August, I was going along the City-road between three and four in the afternoon, and I saw the prisoner in a ditch in a corner, and I stood looking at her; presently I saw her run out of this corner, and two children coming out of the corner; I stopped at a distance; I asked the children what was the matter; this little child was crying; in consequence of what the other child informed me, I pursued the prisoner and overtook her; she ran, and I called to her, but she would not stop; when I charged her she put her hand underneath the bottom of her stays, and gave me the frock; I asked her if she had any more; then she put her hand in her pocket and gave me the sash, and desired me to let her go, and I would not; that was all that passed between us then; I took the children home, the eldest knew her way home.

Did the prisoner tell you who the children were? - No, she would not; I asked her, she did not know them.

The prisoner was found in the house, coming from under the bed, by Miss Annesley; he was immediately pursued and taken by Mr. Smith; a dark lanthorn and a hat were found in the house; the prisoner owned the hat; Miss Serjeant saw the things in the indictment laying on the floor, which she had seen before on the drawers; and Edmund White saw the prisoner jump out of the window, and assisted in taking him.

760. THOMAS M'GEE was indicted for stealing, on the 3d day of August last, one wicker basket, called a flat, value 6 d. and fifty-one pounds weight of butter, value 30 s. the property of John Markham .

761. SAMPSON THOMAS was indicted for feloniously killing and slaying Sarah Thomas , by giving her a blow over the left eye , on the 21st of July last.

It appeared by the evidence of Margaret Parrot and Elizabeth Aston the deceased had fallen down, in consequence of being in liquor; and Charles Woods , assistant to an apothecary, said, that being called in, he found every appearance in the deceased similar to those resulting from intoxication; on applying the lancer, she at first bled freely, but afterwards the circulation seemed to be entirely stopped: Mr. Gillis and Mr. Rider, surgeons, who were called in after to inspect the body of the deceased, deposed, that the marks on the body were a rasure of the skin on the right foot, a bruise on the same knee, and a contusion over the left eye; these marks, they said, did not appear the result of violence, they were rather to be accounted for by a fall; for if the contusion in the forehead had been occasioned by a blow, she could not have fallen forward so as to hurt her knee at the same time. Some circumstances of tenderness and attention being also mentioned in favour of the prisoner, the Jury found him.

762. JOHN JONES was indicted for stealing, on the 10th day of August , one watch made of silver, value 40 s. the property of Thomas Spencer .

THOMAS SPENCER sworn.

I lost my watch on the 10th of August, in the fields going to Paddington ; I had been in town about a fortnight. I was going from Oxford-road, when a man overtook me; Sir, says he, here is a fine wind to day; yes Sir, says I, it is so; as we were walking along, he saw something, so he said somebody had dropped a garter, yes says I, it is a fine one too; it happened to be a purse; he picked it up and put in his pocket; says he, come along with me and we will see what there is in it, he said he was going in the fields, he was going to receive some money, he said he always came up once a year; I went with him and set down to see what was in the purse, and he put his hand in the purse, and he pulled out a letter, he said, here is something, can you read? yes, says I, a little; he gave me the letter to read; while I was reading it, the prisoner came by, this was not the prisoner I had been talking to, the man said, this man has picked up a purse; says he, I will ask this gentleman, so he called, Sir, to the prisoner, I will be glad to speak to you; so there was a receipt for 136 l. but says he, this is of no use if we have not the property; so he looked into the purse again, and there was a little box with cotton, and amongst the cotton was this fine diamond ring, so says he, this is fine luck, I would have you keep it to yourself, and say nothing about it, and I dare say it will be advertised to-morrow; says the other man, I found it, but this man was with me; says the prisoner, are you willing he should have part of it? says he, what do you desire? says the prisoner give him 40 l. I said I should be very well satisfied with 40 l. says he, I will go and fetch the money; says he, I will keep the ring, and make a present of it to a gentlewoman in the country; so he was going off to receive the money, and the prisoner said, let me keep the ring for safety till your return, so he gave him the ring, and he came back, and said he could not raise the money now, the gentleman is not at home, but he will be at home at six o'clock; I said we will stay, as this gentleman is a stranger to me and to you; this gentleman said his name was Johnson, he kept a livery-stable in Oxford-Road; we stopped with this gentleman to receive the money; so he said I will keep the ring, and the man that found the ring said, you must give me something in security; so the prisoner pulled out a note of thirty-five pounds, which he said was as good as money, and the prisoner said, I will give the man that, if you will give him your watch, and I was to go to the prisoner's house till he came; he asked me what a clock it was, I pulled out my watch; says he, shall I have your watch? I said I do not care, you may have it if you will, so I held my hand to him, and he took it and put the note with it into his pocket; this young man went away, the prisoner staid with me till after he was gone; he hurried the other away to make baste back; we staid some time after, and we walked away towards Portland-square, as we were going along, says he, I will tell you what, I would not have you have too much beer, says he, go forward, I shall be at home in two or three minutes, you stop till I come; he told me to go to his house, he said he kept a livery-stable at the top of Oxford-Road; I parted from him, and went and enquired for him, I could find no such person; I mentioned it the next day, and one of the runners said if I would give him five shillings he would bring him to me; the man was taken on the morrow, I cannot tell where he was taken, he was not searched; my watch was never found.

For what purpose did you let him have the watch? - For security for the diamond ring; I gave him this watch with this note in security for the ring; he was to give me the watch back when the other brought the money; the other man had the watch; the prisoner was to produce the ring.

Mr. Garrow. I believe, Mr. Spencer, after you got into company with the runner you thought it would be a good thing to get a couple of guineas by this? - I did not want to get a couple of guineas.

Did not you offer somebody, that if this man, or any body for him, would give you two guineas, and not prosecute you for compounding the felony, you would make an end of it? - I said if it was made up before the justice.

What are you? - A carpenter.

Who might you work for? - Mr. Dodd.

You are one of those that have struck, I suppose? - I am not one of those that have struck; I have had work till the week that I came on this business, I was in work at the same time; Mr. Dodd lives in Little George-street, Portland Chapel, I had worked for him near upon a fortnight, I have not been out of work at all, I had been at work half that day, I never saw either of these people before.

Then you gave your watch to the other man, I take it for granted, that you might not run away with the ring? - Yes.

You did not recollect it did not belong to you? - I knew it did not; I said to them, you must not keep it, but when it is advertised, you must return it to the owner.

PRISONER's DEFENCE.

The prosecutor and another came and apprehended me; I told them you are very wrong, for I was at a butcher's in Compton-street from one till half past four, I dined there and drank tea in the afternoon, I was going to take the shop.

Court. What time of the day was this? - Half after two, or near three.

763. THOMAS HENWELL was indicted for stealing, on the 27th of July , one iron chissel, with a wooden handle, value 6 d. and one rabbit plane, value 2 s. the goods of John Tomkinson ; and one iron chissel, with a wooden handle, value 6 d. the goods of Rowland Spacier ; and one iron hammer with a wooden handle, value 6 d. the goods of John Jones .

JOHN TOMKINSON sworn.

I am a journeyman carpenter ; Mr. Spacier and Mr. Jones lost some tools; Mr. Jones lost a hammer, and Mr. Spacier lost a chissel; they were in the house of Mr. Waddener, the mason, in Gower-street, Tottenham court-road ; all the articles in the indictment were in the same house; they were all together in one room; they were missing on the 27th of July; I cannot say I know the day of the week; the iron chissel and wooden handle, and the carpenters plane, the rabbit plane, and the chissel belong to me; there was an iron chissel and wooden handle of Rowland Spacier 's, and there was another iron hammer with a wooden handle of John Jones 's; they were taken away; I believe the boy slept in the house; this house was not a finished house, it lay open backwards; I did not see the things on the prisoner, but I saw them the same day at Justice Walker's.

When did you last see them? - I last saw them the night before, or the day before; I cannot justly say.

As for your own tools, you know them, but do you know enough of the other tools to say that they belonged to the other persons.

I have worked with them many a day, and they are here now.

When did you see them again, the next day? - I saw them at Justice Walker's.

Did you know them? - Yes.

JAMES MACDONALD sworn.

I am a watchman; I found the prisoner with this property on him, after one o'clock in the morning.

What morning was that? - The 27th of July to the best of my knowledge.

Do you know the day of the week? - No, Sir, I cannot tell that, I was walking down the street, and the prisoner was coming up the street against me.

What street? - Gower-street.

That is not a great way from Tottenham-court-road? - No, Sir; he was on one side of the street, and I on the other; I crossed over against him, and stopped him, and asked him where he came from; he said he came out from the brick-kilns; I asked him what he could be doing there at such a late hour as this, and he said he had been at work there, that he had no lodgings, and was obliged to sleep there; he said he carried mortar for a bit of bread; I saw something long hang out of his pocket; what is that, says I? firewood says he; let me look at them, says I; after that he pulled out one of the chissels, the largest of the two; I took that out of his hand, and I told him to shew me the rest; on which, he pulled out another chissel, which was smaller than the rest; then he took the hammer out; come down the street, says I, and let me see whether the watchman at the bottom saw you come out of the brick-kilns, or not: the watchman said nobody had passed him; then the boy said he had come out of one of the houses over the way; then I asked him to shew me the house, and he did; after this, I had him taken into custody, and I asked him if there was any body with him; he said no.

JOSEPH MILWARD sworn.

(Produces the things mentioned in the indictment.)

I was officer of the night; I received these things from Macdonald, and have kept them ever since.

To Tomkinson. Look at the two iron chissels; the iron chissel, and the rabbit plane, you describe to be your own, what marks do you know them by? - I know the chissel by the handle being turned in the lathe, and the mark it has upon the face of it; it is a dent upon the face of the chissel; it is not common to every chissel to have such a dent in it as that is; I have had it four years; I had been working with it in this house.

Have you not many chissels rounded in the lathe as you call it? - No.

Now look at the rabbit plane, is that your's? - Yes, I know it by the colour, and the wood; there is a particular stain in the wood.

Did you miss a plane of that sort? - I did.

How long have you had it? - Seven years.

ROWLAND SPACIER sworn.

I lost an iron chissel with a wooden handle, from the house in Gower-street; I missed it on the 27th of July; I had seen it the day before; this is it; there are some nail holes in the handle which I know it by.

JOHN JONES sworn.

I lost an iron hammer, on the 27th of July, I had been at work with it the day before in this house of Mr. Waddener's; this is it; I know it by its having an oak handle, they commonly put beech in the handles, but I made this handle myself, and put what I could get into it.

he came to my shop in the evening, and ordered some stockings to be sent to his lodgings in the morning, precisely at nine; he lodged at No. 8, Howard-street, Norfolk-street ; in the morning, on the 22d of June, I took about four dozen of silk stockings; he picked out thirteen pair, twelve pair he said was for a friend in the country, and he very particularly requested I would change them if they did not suit; I told him I would; he then asked me if I sold silk purses, I told him I did; he said he wanted to make a present to a young lady where the stockings were to be sent; he likewise asked me if I sold cotton stockings to wear under boots, I said I did; he desired I would fetch a purse, and two or three pair of cotton stockings; I went for them, and on my return he was gone with the stockings; he had taken thirteen pair; I waited a few minutes before I made any enquiry, but as I thought I should never see him again, I waited, I dare say half an hour; he never returned during that time; a pair of boots was brought, and not finding him come, I went to the boot-maker's, in hopes to catch him there; he was taken by another person; I heard of him in Bow-street; I went to Bow-street; I knew him to be man I carried the stockings to; I am sure the prisoner is the man; I never saw him before that morning.

Did he pay you for these stockings? - No.

Did you make any contract for them? - None at all, he asked me the price.

Did you fix any price upon them? - I did.

Did any other conversation pass about these stockings, but that you have mentioned? - I do not recollect any other.

Did you promise to change them if they did not suit? - Certainly I did; it is the rule of the business, if it is six months after.

Was there any thing said when they were to be paid for? - No, Sir, I should not have given him the least credit, being a perfect stranger; I am sure I was gone but a very few minutes.

Prisoner's Counsel. There was no contract, I understand, made between you? - - None at all.

Nothing said about paying for them? - Nothing at all.

The fact was, that he was to shew them to another person? - He said he bought them for a friend in the country.

Why then you sold them? - I thought I had done so; he was to have bought them.

When you returned, did you see some ill looking men lurking about the house that looked like officers? - Indeed I did not, I did not take any notice.

You left them there for the purpose of fetching these things? - I left them there till I returned.

If he had paid you the money, or returned them to you in six months, you would have changed them? - I should not have let him have them without the money.

Court. Then if I understand you right, there was nothing said about money? - It was never mentioned.

Was there any other person in the room when you left the stockings with him? - Nobody else.

Am I to understand by your evidence that in case he had paid you for them you would changed them? - Yes, I did not mean he should have them without paying for them at that time; if they had not suited his friend after I had received the money, I would have changed them for others.

HENRY TIDEMAN sworn.

I saw the prisoner in the evening when he came to order the stockings, which was the 21st of June; he said I want some silk stockings; I said I will shew you some; he said it is a very bad light, I think I will not look at them to night; he desired me to come in the morning about it; I put down his address in the book; when Mr. Berger returned, I told him of it; the next morning, Mr. Berger went with the stockings; he returned in about a quarter of

an hour, and went back again with five or six pair of cotton stockings, and five or six purses.

ANN CAMPBELL sworn.

I am a married woman; I know Mr. Berger; he came to my house, and brought a bundle; I do not recollect the day; the prisoner lodged in my first floor; he was at home at that time; the prosecutor carried the bundle up stairs to the room where Mr. Johnson lodged; he came down, and went out in a little time.

Had he any bundle with him when he went out? - I cannot say that, in a few minutes after Mr. Johnson went down stairs, and went out; he wished me a good morning.

Had Mr. Johnson any bundle with him? - I saw no bundle; he never was at my house after; he had only lodged with me one evening; he had not paid me; on Mr. Berger's return; I opened the door to him; I saw him go up stairs.

Did you go into the room after Johnson went away? - Mr. Berger and my servant went into the room together, but I cannot tell which went in first.

Prisoner's Counsel. How many lodgers had you in that house at that time? - I had two, a lady, she had no servant.

You was below stairs in the parlour at this time? - I was.

Had you known Mr. Berger before? - Never.

Then you had only a transient view of him at first? - Not a great deal, my servant let him in; I saw a man go up.

All that you know it, that you saw some person go up stairs with a bundle - That is all.

When Johnson went out you saw no bundle in his hand? - No, my servant was at the door; it was about nine in the morning; he wished me a good morning, and crossed the way, and seemed to be rather in haste.

Court. You keep a lodging house? - Yes.

Court to Prosecutor. When you went up a second time, did the maid servant go with you? - We went both together.

Did you find the door of Mr. Johnson's lodging open? - The dining room door, I believe there was nobody in either of the two rooms.

765. ANN BARTON and ANN LEWIS were indicted for stealing on the 31st day of August last, one metal watch, value 40 s. one chain, value 1 s. two cornelian seals set in gold, value 2 s. the property of John Gibbons .

The Witnesses examined separate by desire of Mr. Peat.

JOHN GIBBONS sworn.

I live in Green-street, Leicester-fields; I had a few friends in town the day before this happened, we got rather forward in liquor; about twelve in the evening I parted with my friends, and I took a walk up Leicester-fields and met the prisoners, and they asked me to give them a glass of wine; I denied them, and crossed Prince's-street , to go to Gerard-street, and at the second door on the left hand they both came up to me, and asked me if I would go home with them, I said I would have nothing to do with them and pushed them from me, and I put my hand in my pocket and I missed my watch; after that I said, one of you two have robbed me of my watch; they both declared they had not got the watch; the watchman crossed the street directly, and I told him I had lost my watch by one of these women, but I could not tell which; a young man said, in the presence of the prisoners, he saw one of them stooping down, immediately the watchman looked behind one of the prisoners, and picked it up; I am sure I had this watch in my pocket; I was in liquor.

Was you in liquor so much as to be able to know you had it in your pocket? - I saw it to a certainty; I had it.

You are perfectly satisfied you did not give it to either of them? - Yes.

Mr. Peatt, Prisoner's Counsel. You had been making merry with your friends? - Yes.

You was pretty far gone in liquor? - I was merry; I am not obliged to tell how many bottles of wine I drank.

You was intoxicated? - I was not considerably.

How long was it before you looked at your watch? - I suppose about half an hour.

You did not call for any assistance? - I had no occasion to call for assistance before I was robbed.

The first notice you had of your watch being missing, was it being in the watchman's hand? - Yes.

Was it possible that the watch might drop from your pocket? - It never did drop out from my pocket, it did drop from one or the other, but I don't know which.

Do you take upon yourself to declare upon your oath, that it was impossible, in the situation you was in, that the watch did not drop out of your pocket? - I should think so.

Mr. Knowlys. Where may you live, Sir? - In Green-street.

Are you master of a house? - I am not.

Are you a servant? - Neither, Sir, I lodge there.

A single man I hope? - Yes.

You had been enjoying the whole day with your friends, and enjoyed the evening afterwards? - Yes.

You left your house at twelve? - Thereabouts.

What hour was it this affair happened? - I believe it was a quarter before one.

What journey did you take for three quarters of an hour? - I turned up St. Martin's-lane, up Leicester-street, and into Princes-street.

You ventured all along the Strand? - Yes.

How many common women did you speak to there? - I never spoke to any.

Are you sure of that? - For a certainty.

Have you never said otherwise? - I have not.

Where was it you spoke to these people? - They spoke to me, I am sure I did not speak to one woman on my journey; when they stopped me I went upon the step of a door, and they asked if I would go home with them; I told them, I would not; they were close on each side of me; they pressed me to go on the step, I could not very well go from them; they got upon the step as well as me; when I missed the watch, I was more sober than I was before.

The air sometimes has an effect upon people when they have been drinking? - That's not always the case with me.

Suppose the watch had fallen on any part of the woman's gown, then it might not have been broken; your only reason for supposing that the watch did not drop out of your pocket, was its not being injured in any part? - My reason is, the watch not being injured.

Might not the watch have fallen on one of the women's gowns so as not to be injured? - It was impossible for the watch to have fallen out of my pocket without being taken out.

Tell me your reason for saying so? - I have no other reason but that it is impossible that my watch should go out of my pocket without somebody taking it out.

Court. In a word, the gentleman means to ask you whether any part of your clothes were in such a situation that the watch might drop out? - No, they were not.

Had you occasion to pull out your watch in the course of your walk? - Never.

Did you look at your watch just before you left your house? - Yes, I did.

Might not you have fixed your watch loosely in your pocket? - My watch could not drop out without taking out; I fixed it as secure as if I was sober, I did not see it laying upon the ground, but I saw the watchman take it up.

Behind which of the women was the watch taken? - He said behind the black woman.

Court. Suppose you could by any accident have dropped your watch out of your pocket, could it possibly have dropped where it was found by the watchman? - It could not.

GEORGE ROSS sworn.

I am a watchman; on the 30th of August as I had just done calling the hour of one, I saw the prosecutor and those two prisoners standing at a door, No. 23, Gerrard street; I thought they had been the family belonging to the house; when I came within a few yards, the gentleman said, watchman, I am robbed of my watch! I asked the gentleman who had robbed him? he said it was one of these women, but which he could not tell; the black woman, Ann Barton , said, he is not robbed watchman, he has dropped his watch, I said where, she said it is down here; I stooped and picked it up just beside the door.

Where did the watch lay when you picked it up? - Very near the left hand side of the door.

Did it lay near the prosecutor or near the women? - Near the black woman.

Did it appear to you, from the place in which it lay, that it could or did drop out of the gentleman's pocket? - The watch was about three yards from the gentleman; the two women were between the gentleman and the watch; I took the prisoners to the watch-house.

Mr. Peatt. What distance was you from them when you first saw them? - Not the length of this Court, only four doors.

They were very quiet, were they? - I did not hear a word till I came within three yards of them, they stood entirely still, they did not change their position.

Do you say the watch was near the black woman? - The white woman was standing next the gentleman, and the black was next to her; the gentleman told me he was robbed by one of the women, he could not tell which; he was not very sober, but he was capable of going to the watch-house with me.

Prosecutor. It was the black woman spoke to me, the other said nothing to me as I recollect.

JOHN M'DONALD sworn.

I am a labouring man, I was in Gerrard-street; when the gentleman said he lost his watch, I stopped till the watchman came up, before he came up, I saw the black woman turn round and stoop down.

Had the gentleman at that time complained of having lost his watch? - He had; the black woman rose again, and turned round to the parties; when the watchman came up, I told him I had seen the black woman stoop down, but what she laid out of her hand I did not know; I saw the watchman pick up the watch.

(The watch produced and deposed to, and handed to the Court.)

Court to watchman. When you picked up the watch, was the case open or shut? - Shut.

PRISONER BARTON's DEFENCE.

I am very innocent.

The prisoner Barton called three witnesses, who gave her a very good character.

PRISONER LEWIS's DEFENCE.

I am innocent, and I believe this woman the same.

The prisoner Lewis called four witnesses, who gave her a good character.

The Jury retired for a short time, and returned with a verdict BOTH GUILTY .

766. JAMES WESTON was indicted for that he on the 2d day of June last, on one William Cuit deceased, did make an assault, and with both his hands did strike the said William Cuit in and upon his head, face, stomach, back, belly and sides, and with his feet did cast and throw the said William Cuit upon the ground, giving him thereby one mortal bruise and fracture in and upon his right leg, of which he the said William Cuit , from the said 2d day of June till the 18th day of the said month languishing did live, and on the day and year aforesaid, did die .

The Witnesses examined apart by order of the Court.

MARY CUIT , Widow, sworn.

I am the wife of the deceased; my husband had lent some money to Mr. Parker the bricklayer, and he went to Mr. Weston's to ask him to change it; he had got five guineas in light gold; I went to ask him to come home to supper; Mr. Weston went into the room after I was there, and he began to pull my husband about.

What had he done to displease him? - Nothing that I know of.

As you are so nearly related to the deceased, be careful what you say; it is your duty to tell the truth, but nothing more: If this man deserves punishment he ought to suffer it, but recollect there are a great many witnesses who were present besides you. - I will tell the truth as near as I can.

What was the first thing you saw of any dispute between Weston and the deceased? - No other than Mr. Weston began to pull him about; and pull him into the tap-room.

Was that without any provocation from your husband? - Yes, I saw nothing else; after he had dragged him into the tap-room, one Bolton held me across the stomach and breast, and said damme, if you stir, I will knock you down.

Then you did not see what passed in the tap-room? - No Sir, I saw nothing after that.

What began the dispute between the landlord and your husband? - I do not know, I am sure.

Was not there a dispute between Parker and your husband first? - I don't know.

Do you swear there was not? - I don't know

Be careful what you say, because Parker is here and several other witnesses: Was not there a dispute between Parker and the deceased before? - I will not swear there was or was not.

Don't you know? - I do not.

Do you swear that any thing hindered you from hearing or seeing? - I do not know what passed before I went in.

After you went in was there any dispute between Parker and your husband? - I heard no dispute.

Then Weston did not interpose to prevent Parker and the deceased from quarrelling? - I don't know, I am sure.

I ask you as to the whole of what passed in your presence? - No Sir, I did not see Weston till he came in, and pulled my husband into the tap-room.

He did not tell them he would have no disturbance in his house? - Not to my knowledge, he did not.

Upon your oath did not the deceased strike the landlord in the face and knock him backwards? - I did not see it.

Before the landlord touched him? - No Sir, that I did not.

Will you swear you did not see him strike the landlord first? - No, I saw him catch paid of my husband.

Did not your husband strike him in the face and knock him backwards? - Not that I saw.

Was there any thing to prevent your seeing all that passed after you came, and before he got hold of your husband? - I went in just as he had got hold of my husband.

Had he hold of your husband when you first went in? - No.

How long after that was it he had hold of your husband? - Not long after it.

Did not the deceased after you went in, strike Weston in the face and knock him backwards? - I will swear he did not.

Did he strike Weston at all before he went into the tap-room? - I did not see that he did.

You were stopped from following them? - Yes.

Had you laid hold of Weston's hair before, to prevent his beating your husband? - No.

You swear that? - I did not touch Weston.

EDWARD EDRIE sworn.

On the 2d of June last in the evening, as I was going along Old-street, about a quarter after eleven o'clock, I heard a noise at the Falstaff, in Old-street-road, in Weston's house; I went in on hearing the noise; when I went in, the deceased was in the tap-room, and as Weston the landlord was coming from the back room adjoining to the tap-room, some words passed between the deceased and Mr. Weston, the words were, that they were not afraid of each other, after that they came together in the tap-room, and they kept striving to come at each other at the time, but there was a person or two between them.

Who were they? - I don't know.

Were they striving to fight? - That I cannot tell; they were striving to get together.

Had you any thought they were striving to get together to fight? - Not in the least.

Did they get together in your sight? - Yes.

In what manner? - Mr. Weston came from the other room, the deceased was in the tap-room, and Mr. Weston was coming from the back parlour at the time, but he was not got into the tap-room at the time, then Mr. Weston came into the tap-room, and they came together in a scuffle.

Who struck first? - I saw no blow, it was a fall; I saw no blow struck by either of them.

Did both fall? - Both fell at that time; in recovering again, the landlord seized the deceased again.

Did they both get up? - Yes; and then Weston threw the deceased again close by the fire-side in the tap-room; the deceased

cried out that his leg was broke; after that, Mr. Weston struck him several blows on the head and the upper part of the body; after that, I went on purpose to fetch a surgeon, after I had fetched him, I went home.

When the deceased was thrown by Weston the second time, and cried that his leg was broke, did you immediately perceive whether it was or not? - Not directly at the time, afterwards I perceived it was; his leg struck across a large sender in the tap-room.

Prisoner's Counsel. What are you, and where do you live? - I am a horse-hair weaver, and I live at No. 1, Sutton-street.

What alarmed you was the noise in the house? - Yes.

You was not at the beginning? - No.

What did you see Mrs. Cuit do? - Nothing.

Did you see her pull the landlord's hair? - No.

Court. Was she in the tap-room? - She was; she came in after I got there.

Was she in the house during any part of the struggle? - I cannot say that.

WILLIAM PARKER sworn.

I am a master bricklayer; the deceased had been a publican and kept a public house, in Old-street.

Were you at this house when this unfortunate affair happened? - Yes, I was.

What time in the evening did Cuit the deceased come in? - Between ten and eleven at night; it might be about twenty minutes after ten; he used me very ill, and shoved me about from one part of the kitchen to the other; he asked me if I would be a pint along with him, I said I would have no more beer; one word brought up another, and he said he had a light guinea of mine, I said, whatever you lose by it I will return you the money when you come to my house; he began to fly in a passion, and wanted to fight with me, and more than that, he said, I should not walk along Old-street; he shoved me about from one part of the room to another, and he tried to wring my nose two or three times.

Where was the landlord at the time? - He came into the kitchen and desired peace; he said he would not have his customers ill used; and said to the deceased, the last time you was in my house, you cheated me of a pint of beer; at that minute in came Mrs. Cuitt; while they were talking about that, one word brought up another, and they began talking about scholarship.

Had any blows passed before that? - No, Sir, none at all.

What happened after she came in? - She came in one of her flying airs as she often did in public-houses, and began black-guarding me, and he immediately began upon the landlord and knocked him down with his head upon the fender; he hit him just in the jaws and cut his lip.

Upon your oath was that the first blow struck? - Yes.

And that is the truth upon the oath you have taken? - Yes.

Who was present beside Cuit's wife? - There was a man and his wife in the room, but I never saw them before or since.

Was it the man and his wife that were examined before the coroner? - Yes.

Was there any body present besides them? - Not in that room, the other room door stood open; I had got my bricklayers and labourers in the tap room at the time.

Then there was nobody in the room at the time but you, Holt and his wife, Mr. and Mrs. Cuit, and the landlord? - No, that was all.

After he had knocked the landlord down, what passed? - He got up and went to put Cuit out of the door, and both Cuit and his wife laid hold of him, she laid hold of him by the hair of his head and held him down, while he beat him, and Cuitt struck him while she was holding him by the hair.

What happened afterwards? - Then they got entangled together, till they

came into the tap-room, and there they engaged themselves together, and entangled themselves together; I cannot say who was liablest to fall, but Cuit happened to fall undermost, after they both met together, they entangled one with the other, and Cuit happened to fall, and he said, his leg was broke; I believe it was an old wound; Weston ordered a chair to be fetched for him.

It turned out in fact, that his leg was broke? - Yes, Sir, he was sent to the hospital.

Did the landlord strike him after he was down? - No.

Are you sure of that; can you say that with certainty? - No, he did not.

Then he was sent to the hospital? - Yes, there was a coach fetched, but he was carried on a shutter.

Prisoner's Counsel. If I understand you right, Weston received the first blow? - He did.

Where was he standing at the time? - About four foot from the fire-place, with his hands in his breeches pockets.

Then the deceased struck him upon the lip, and knocked him down with his head upon the sender? - Yes.

After that there was a struggle, and a fall? - Yes.

Before the struggle and fall, Mrs. Cuit laid hold of his hair? - Yes, I knew them both well; his wife has slept at my house for fear of his killing her.

What sort of a man was the deceased? - He was a very quarrelsome man when in liquor; a very quiet man when sober.

Is Weston quiet or quarrelsome? - I never saw any thing of him, than that of being a quiet man; I would not use his house, if he did not use me civilly; I always pay my men there.

ROBERT PENNINGTON sworn.

I am one of the surgeons of St. Bartholomew's hospital; I remember the deceased being brought to the hospital on the 2d of July, about twenty minutes before one on the Sunday morning; he was brought on a board, and I was desired to look at his leg; I examined him and found a dislocation of the ancle, with a fracture of the small bone; I examined it very minutely, and I told his friends it would be mortal.

On what did you ground that opinion? - From the nature of the fracture of the small bone; though a dislocation of the ancle is certainly not in itself a mortal accident; a compound dislocation of the ancle is generally a mortal accident.

What do you mean by that? - Where there is a large fracture beside; the bones we call the tibia & timpana, were broken.

In what manner was the wound; describe that? - The wound was circular.

By which bone? - By the tibia.

That was in consequence of the dislocation? - Yes, it had been so violent as to break the small bone; had it been so as to force the large bone out of its place, it would have been what we call an Astragulus.

How do you mean, an external wound? - Yes, and being so violent as to force the bone through the flesh and the skin, the bone was quite out.

Then it forced the large bone out through the flesh and the skin? - Yes.

You apprehended danger immediately? - Yes.

From the violence of the accident? - Yes.

The danger you apprehended was a mortification? - I apprehended that would come on in three or four days.

Would not amputation prevent that? - I have seen them amputated, but I spoke to Mr. Lock concerning it, and he said he would not do any thing, for he could not save his life.

When was that? - On the Monday I went for him; he said he would not take off his leg for that it would certainly mortify; as he never saw one but what did.

Then there are not many instances where the bone and the flesh is shattered and mangled to pieces, which immediate amputation would cure? - Some, my Lord; but in compound dislocation, I never saw

it; I have seen a good many, but I never saw it in compound dislocation.

Can you explain at all, why if the part injured is immediately amputated, whether the dislocation in that case makes any difference? - No further than this, an inflammation generally takes hold of the whole system; if amputation is deferred, the stump will probably mortify.

Did this mortify? - An inflammation came on, and that was the cause of his death.

Then the injury done to his leg, was, in fact, the actual occasion of his death? - That I believe, my lord.

Mr. Silvester. Must not the foot have catched somewhere to have caught this wrench? - I should think most likely it did.

A dislocation of the ancle, generally produces a fracture of the small bone? - I never saw one without.

Of course when the bone is out of the socket, the large bone, which you call the tibia, that of course almost always breaks the small bones? - Yes.

One of the Jury. Were there any appearances of an old wound on his leg? - No.

A dislocation when once set, leaves no mark? - No.

RICHARD SIMMONDS sworn.

As I was coming from White-cross-street, going home up Old-street, by the Falstast, I heard the cry of murder; I went in, and saw Weston and the deceased having some words, coming out of the back room, they had hold of one another, and the deceased came out first; they was having words; Weston said he was as good a man as the deceased; and the deceased said he was as good a man as Weston; when they came into the tap-room, they had not been there long, before Weston laid hold of the deceased, threw him down and fell at top of him; then they got up again, and as soon as they were both got up, Weston seized him again, and threw him down again; and when he threw him down the second time, he cried out my leg is broke; Weston then ran at him, catched him by the hair of his head, and struck him several blows with his right hand, till such time as I laid hold of him, and pulled him back, and called him a villain for so doing, and he asked me what I had to do with it.

Did they put you out of the door? - Yes, after that.

Had you any acquaintance with either of them before; I never saw any of them to my knowledge; I was quite a stranger; I staid out some few minutes, and some people knocked at the door, and then I went in again.

Then the accident was over? - Yes.

Mr. Silvester. There was no blow struck at all by any body before the falls? - Not that I saw.

The deceased was undermost both times? - Yes.

The rest of the witnesses who were examined before the Coroner, did not appear.

PRISONER's WITNESSES.

WILLIAM GRIFFITHS sworn.

Mr. Silvester. Do you know this public-house, the Falstaff? - Yes.

Who keeps it? - Weston.

Do you remember Cuit's coming in there? - I was present at the time he came in.

Tell us what happened? - When he first came in, he asked Mr. Parker to drink a pint of beer; Mr. Parker said no; then he had some words with Mr. Parker, and shoved him, and threated to wring his nose; then Mr. Weston came into the room, and he and Mr. Weston had some few words together; then he took and knocked Mr. Weston down.

Had Weston struck him at all? - No, not at this time; then the woman came in at the time Weston was down, and caught hold of his hair, and the deceased struck him; then they both fell down together; then they were parted, and the woman was taken away; then he was very much in

I did live in Eagle-court, White-hart-yard ; I lodged with one Mary Oliver ; I lost my trunk, and all my linen; all the things contained in the indictment were in it; they were most of them new; she said she sold them.

EDWARD TREADWAY sworn.

I know nothing further, than that I had a warrant to apprehend the prisoner, and I took her into custody, and found the shawl and the pocket-book upon her; it was on the 20th of July.

Court to prosecutrix. When did you lose your property? - On the 19th.

Treadway. The pocket-bok had six duplicates in it; one was of a shawl, and two others of a bonnet and an apron, I found nothing more.

PRISONER's DEFENCE.

My father is dead, my mother is alive; the woman of this house got me away from them, and made me go out of nights to look for money, and pick up gentlemen, and give the money to her; her name was Oliver; this woman lived there, and she used to dress me up in clothes, and that young woman to go out to look for money, the same as I did; we both lived and lodged in the house, and she promised me these things for some money I got the night before; she used me very ill, and I left her to get a place of service.

769. WILLIAM GRANT was indicted for stealing, on the 8th dayof June , one gold-ring with one ruby stone, and divers brilliant diamonds, of the value of 50 l. the property of Henry Ball Esq ;

The witnesses examined apart.

HENRY BALL , Esq; sworn.

I lived at No. 18, Charlotte-street , the prisoner was my servant ; he had lived with me about five or six months; the first account I had, was in a letter from my housekeeper to me in the country; saying, she missed the ring; that was about three months ago; I paid no attention to it; supposing the ring to be in the closet, where I had left it; I came to town in about a month, and found it missing; I had not seen it for six weeks; I did not suspect the prisoner in particular; but I knew that it must be some of the servants that had taken it.

Have you ever promised this man any favor, if he would make a confession? - No, Sir.

Have you ever threatened to punish him if he would not confess? - No, I have said, whoever had the ring, had better give it to me at once.

By that you gave him to understand you would be milder, if he confessed? - Yes.

Have you ever seen the ring since? - Yes.

Not in the state in which you lost it, I believe? - No.

Who produced it to you? - Mr. Phillips the Jew.

- ALDUS sworn.

Mr. Garrow. What are you? - I am a pawnbroker; I live in Berwick-street, Soho; the first time I saw the prisoner at the bar, was, on the 8th of June; he came to my shop in the day-time with a ring, and said, he wanted half-a-guinea upon it.

How was he dressed? - Very genteelly.

In what manner? - I cannot tell exactly.

Was not he dressed in livery? - I do not know; he said he wanted half-a-guinea upon it; I saw it was a ring of value; and I said how came you by it? he said, my name is Grant; and I keep a house in Tornstile, Holborn; there was another man with him; and he said, you need not have any hesitation about it, it is Mr. Grant's ring.

So he said he wanted no more than half-a-guinea upon it? - Yes, and he said he lived at No. 1, Turnstile, Holborn; seeing it a ring of value, I desired my servant to write a duplicate, which he did; he took the half guinea, and I ordered my servant to go with him, and see that he lived there, and kept the house, and that his name was Grant; he did go with him, and he came back again, and said his name was Grant, and that he kept a tobacconist's shop there.

The ring is a ruby, set round with diamonds, is it not? - Yes.

Now what is the worth of it? - It is not worth more than four guineas.

Upon your oath, is it worth less than ninety guineas, and will you venture to swear that it was of less value than ninety guineas at the time it was brought to you? - Upon my oath I did not think it worth ten.

Then upon your oath, will you swear that at the time it was brought to you, it was of less value to sell in a silversmith's shop, and of less value in workmanship than ninety guineas? - I do swear that.

Court. You lent only half a guinea upon it? - No, I thought it was a garnet set round with diamonds; it had very much the appearance of a garnet, set round with bad diamonds; this was on the 8th; on the 22d, the second time I saw the ring, my servant was selling of it to Mr. Jacobs; it then was my own.

Was the prisoner present? - No, my man will inform you it was sold to Mr. Jacobs for six guineas; I saw it sold; it was marked at the window for six guineas.

How came you to mark it at the window for six guineas? - My servant will

tell you; he will inform you that the prisoner sold it to him afterwards.

Had you bought it? - My man bought it.

Did it hang at your window marked? - It was marked at the window six guineas; it had been bought of the prisoner.

How long had it hung at the window marked six guineas? - No more than part of the day.

Had it been marked before that day? - No.

When did you first discover it was marked six guineas? - The day it was bought.

Then you knew that the same morning it was marked six guineas? - Yes.

Now upon your oath, after this man went out of the shop, did you not call him back again, and press him to sell it? - I never saw him, till I saw him with the gentleman.

Then it was bought without your knowledge? - It was.

You had given no directions to your man to give four guineas for the ring if he should come? - No.

You had never consulted together about it? - No.

Then he gave the four guineas for it without consulting you? - Yes.

And afterwards marked it six guineas without consulting you likewise? - Yes; I was not at home at the time he bought it.

Is it usual in the course of your trade to let your servant buy a thing that has been pledged without more enquiry, and then six a price upon it without consulting you? - It is done.

Is that the course of your dealing? - Yes.

How long has he lived with you? - He has lived with me above ten years, and I have lived there above twenty.

Is the course of your dealing, when a man pledges something for half a guinea, that your servant is authorised to buy it for four guineas, and afterwards to put any other price he pleases upon it, and put it into the window to sell? - It happens frequently.

Then it happens frequently that when a thing is pledged for a small sum, your servant afterwards buys it for a larger price, and without consulting you, puts a price upon it, and hangs it at the window to sell? - It does happen.

Does it happen frequently? - It does happen, but I do not recollect such a thing these three or four years.

Has it ever happened since this man lived with you? - Yes, he has bought things.

Has he bought things pledged for a small sum, and afterwards put any price he pleased upon it without consulting you? - It has been done.

Court. Is it the course of your dealing? - It is the course of the trade.

Tell me whether this is the course of your dealing? - I come here to speak the truth.

My question to you is, Is the course of your dealing in your shop, that when an article is pledged for a small sum at your shop, it is afterwards bought by your servant, and a price put upon it without consulting you? - It is done.

Is that the course of your dealing? - It is the course of the trade, but it does not happen very frequently.

You have said, you do not recollect an instance of the kind within the last three years; now will you venture to swear that there has been an instance of the kind within that time; will you swear that? - No, I will not; things have been pledged, and bought afterwards very frequently.

Has such a thing been bought by your servant, and afterwards sold without consulting you? - Yes, he has.

He has, then, without consulting you how much profit he ought to put upon it, put any price he pleased upon it? - It has been done, and is done commonly in business; I presume Mr. Heather does so.

Is it done in your shop? - It is of course, but we do not do it now.

This is but two months ago, recollect a little? - There is an act of parliament

lately passed, which says, that all things unredeemed of the value of above ten shillings, shall be sold by auction.

Is not this a single instance within the last three years? - We have bought things, but never any thing of the value of above ten shillings.

Recollect an instance now; it does not often happen where a diamond ring was treated in the same way? - I have not bought a diamond ring, nor my man for some time.

Then you have not bought a diamond ring for a long time past except this? - I cannot recollect.

Has he ever brought a diamond ring in his life? - I do not recollect he has; all the articles of above ten shillings have gone to the auction for the last year.

Why did not that go to the auction? - It had not been pawned long enough, you observe that is after the twelvemonth is expired.

Then for the last year you have not bought a dimond ring? - I do not recollect that I have; I am no great judge of them.

Has your man ever bought one before? - I do not recollect he did.

Court. Who did you sell it to? - Mr. Jacobs.

That day you bought it? - That very day; I did not buy it, I sold it the same day for six guineas; I thought it to be a garnet ring.

How much did your servant give for it? - Four guineas.

Did you know he gave four guineas? - I was not there when it was bought.

Give me an answer, yes or no; did you know before it was marked six guineas, and put up in your window for sale, that your servant gave four guineas for it? - I had seen it by the books, and he told me so, but I had not seen the books before.

When did it come to your knowledge then that it was bought for four guineas? - I was come home, and it was while Jacobs was buying it, that was the first time I saw it after it was bought.

I understood you had seen it up in the shop, and seen it marked for six guineas? - I saw the paper upon it.

Before Mr. Jacobs came into the shop? - Not before, but at the same time.

When did you see the mark first upon the ring? - I came in, and Mr. Jacobs was then in the shop bargaining for it; I was in the parlour, and my man came in to me, and says this ring Mr. Jacobs offers six guineas for it.

Before that moment that your man came in to you, and told you this, did you know that six guineas was marked upon the ring? - I went into the shop, and saw the paper on it.

I will have an answer to the question; and I will not quit you till you give me a direct answer; before your man came into the parlour to you to tell you that Jacobs had offered six guineas for the ring, did you know that six guineas was marked upon that as the price of it? - I did not know that before then, because I went into the shop, and saw the paper that came off it.

Did you know before that moment that four guineas was given for the ring? - No, I did not.

Did you think it worth six guineas? - I did not, but I asked six guineas for it.

What did you think it worth at the time? - I thought it was not worth above five guineas, or some where there away.

Upon your oath, do you mean to tell me that you thought it was not worth above five guineas? - I thought six guineas was a very good price for it.

Did you think it worth six guineas? - I thought it was a pretty looking ring; I thought it was a garnet, set round with brilliants.

Did you think it worth six guineas? - If he had offered me five, I should have taken it.

Did not you think it worth six guineas upon your oath? - Upon my oath I did not.

Why did not you tell me just now, that you did not think it was worth more than

But you did say so; now tell me what you meant by saying that you did not think it was worth more than ten pounds; you said you did not think at the time it was worth more than ten pounds, what did you mean by giving that answer? - I thought it to be a garnet; I did not think it was worth ten pounds; I did not think it was worth six, and I would have sold it for five.

You said it was not worth more than ten pounds; I asked you this upon your oath, was not this ring worth ninety guineas, upon which you answered that you did not think it was worth more than ten pounds? - It was not worth ten pounds; I did not think it was worth five.

Was not you surprized that Jacobs would give you six guineas for it? - No.

What occasion had your man to come, and ask you any questions about this ring, or the price, if Mr. Jacobs offered as much as was marked upon it; six guineas was marked upon it; he had no occasion to consult you if Jacobs offered as much as was marked? - He offered five guineas first, then five guineas and a half, and he came in to tell me.

My question to you is this, if Jacobs offered what was marked, what occasion had your man to come in to tell you; why did he not sell it without coming in to tell you any thing about it? - He offered five guineas and a half, and he came in to ask me if he should take less than six; Mr. Jacobs said it is a venture whether I get a guinea or lose a guinea, and I will give you six.

As he had worked himself up to give the six guineas, he had no occasion to tell you that? - I was there then; then I went into the shop.

Did not you say just now that your servant came in to you in the back parlour, and said, Sir, Mr. Jacobs has offered six guineas for this ring, and that was the first time you knew it to be marked six guineas, and the first time you knew any thing about it? - You misunderstood me.

Did you say so or not? - No answer.

Did you say so in course of your evidence or not, that the first time you knew of its being bought for four guineas, or being sold for six, was when your servant came in to the parlour to you, and said, Sir, Mr. Jacobs has offered six guineas for this ring? - That was not the first thing he said, he said he has given six guineas for it.

What was the first thing he said when he came into the parlour? - I am sure I told you exactly.

Tell it again, a man can always tell the true story? - I have been in this Court before, and I have had the thanks of this Court many times.

But you will no have them now, I assure you; my question is, what was the first thing that your servant said when he came into the parlour? - I think the first thing he said when he came in, was, that Jacobs had given six guineas for the ring; Jacobs was in the shop bargaining for the ring, and I was called out; he said Jacobs had offered five guineas, or five guineas and a half, but that he had agreed to give six guineas; then I went into the shop, and saw the mark upon the counter.

Court. Did your servant consult you before he told you the ring was sold? - No, my Lord, that is the first I heard about it.

Then you knew nothing about it, till he told you he had actually sold it to Jacobs? - No.

Then the first thing you heard from your servant about Jacobs was, that he had sold him the ring for six guineas? - Yes, that was the fact, that Jacobs had given six guineas for it.

Was Jacobs gone out of the shop at the time? - No, I do not think he was, perhaps we were all three in conversation together.

Did you see Jacobs? - Yes.

Then Jacobs was not gone out of the shop; because you say the first thing you

heard was, that he had given him six guineas for the ring? - I believe that was the first.

Was Jacobs gone out of the shop? - When he came to tell me so he was.

Did you see Jacobs? - I did.

Court. Did you see Jacobs after your servant told you so? - No.

What did not you know it before? - He said Jacobs was in the shop looking at the ring; I went into the shop, and saw the mark upon the counter six guineas, and Jacobs looking at it, and Jacobs said five guineas, or five guineas and a half was sufficient; I was very busy with other people in the shop.

Did you speak to Jacobs about it? - Yes.

Did you know Mr. Jacobs before? - Yes, he has dealt with me very often; he has dealt with every one in the trade I believe.

Has he dealt with you often? - Yes.

How lately? - I cannot recollect; it is his trade.

It was very lucky that he should come by just at that nick of time? - Somebody else would have had if it he had not.

Court. Did Jacobs sell it afterwards? - I never saw it afterwards.

Did you ever hear afterwards that Jacobs sold it, and to whom? - I heard no more of it till the 21st of July when Mr. Hyde sent word about it, Mr. Hyde asked me if such a thing had not passed through my hands, and I told him that I had had it from Mr. Grant.

Now upon your oath, did not you send to Jacobs to buy this ring? - No.

Do you mean to say that it was not worth above five or six guineas? - No.

Do not you know that Jacobs sold it for fifteen? - I heard so when the prisoner was taken up, never before.

Court to Prosecutor. Do you know enough of this ring to be able to tell me what is the value of it? - I believe it is worth ninety guineas.

Did you buy it yourself? - No, it was given to me by Sir Edward Hughes 's lady.

Have you been at the East-Indies? - Yes.

Do you know any thing of the value of diamonds? - I have had a great many in my possession.

What is the lowest value you conceive can be put upon this ring? - The Queen's jeweller is here, and he will tell you.

Mr. Garrow to Aldus. Do you mean to swear positively, that after this man had pledged this ring, he was not called back, and told that it would be better for him to sell it? - I do swear that I never heard any such thing pass.

Court. When you really got six guineas for that which you had on that day received for four, had you no suspicion that the ring was stolen? - No.

Not when you got six guineas for a ring for which you had given only four, and which had been in your custody but a single day, and from a passer by merely looking at it in your shop, and being willing to give six guineas, had you no suspicion it was stole? - No, I had not.

Do you expect the Jury to believe that? I had no suspicion.

Can you swear to the prisoner as being the man that sold this ring? - That is the man, I described him at the Justice's.

Court to Prosecutor. Did he keep a house? - He had a house unknown to me in Turnstile, Holborn, when I took him; I never knew any thing but that he was a single man till three months afterwards.

Aldus. He had his name on the door.

Did you know that he kept a shop before you missed the ring? - No, nor did I know he was married man, and had a house.

On what occasion? - In the afternoon, he came in with another man to pawn a ring for half a guinea.

Was your master in the way? - He was in the shop; I took the ring of him first, and asked him if he knew the value of it; he said it was a ring of value, but he wanted only half a guinea upon it; at the same time my master came up, and looked at the ring, and he desired me to write a ticket for half a guinea, and to go home with the prisoner, and see where he lived; he gave me a direction at No. 1, Turnstile, Holborn, a tobacconist's shop; accordingly I wrote a ticket, and went with him, and seeing his name on the door, I gave him the ticket, and the half guinea; I knew it was his house by his calling his wife out, and asking her if some people had been there, which I cannot recollect; seeing me come in, she asked me to come in, and drink tea, which I refused.

Court. Who asked you that? - His wife I suppose.

Is there any reason besides that, why you suppose he kept the house? - No.

Upon that you gave him the duplicate, and away you went? - Yes.

Did not you think it very odd that a man who kept a shop in Turnstile, Holborn, should come as far as Berwick-street, to borrow money, and then suffer a pawnbroker's servant to go back with him to his house, did not you think it strange? - If we have any doubt of any body we do it.

Court. Then you had a suspicion? - Yes.

If you have a suspicion, you go home with the party? - Yes.

Now if I was to come to your shop to pledge a diamond ring, should you want to go home with me? - Not if I knew you I should not; if I did not know you, probably I should.

Did you suspect this man? - No further than to go home to see that it was right.

What made you suspect him? - I had no suspicion.

Then why did you go home with him? To see that the direction was right.

What if you did not suspect him, you might have taken his word you know; do you walk home with every body that comes with a half guinea pledge? - If they are things of value.

Then its being a thing of value, made you suspect him? - Yes.

What value did it appear to be of? - I thought it was worth four guineas and a half, or five guineas.

Had you gone home with any body in the course of that week? - I cannot say, most likely I had.

Tell me whether that happened or not? - I dare say I have.

So he left the ring for the half guinea? - Yes.

How soon did you see him again? - On the 22d of June.

How was Grant dressed at the time he came to pledge the ring? - Just as he is now; he had on a jacket I believe.

Was there nothing else remarkable in his dress? - He was just as he is now.

Had not he a laced hat on, with a cockade in it? - I believe he had.

A round hat trimned with lace, and a cockade in it? - I believe he had.

He had a jacket on too? - I believe he had.

Upon your oath, was not it a riding jacket? - It was made in the same way I believe.

Go and look at it? - I do not think it was so long.

Court. Did you see he was a servant? - I supposed he was.

Then let me ask you this question, did you ask him to whom he was servant? - No.

Why did not you? - I thought it was not necessary as he kept the house.

A servant bringing a diamond ring of value, the first thing you ought to have asked, was to whom he was servant? - I did not think the ring of any such value, as it turned out to be.

If you thought it to be a ring of value, and believed him to be a servant, why did not you ask him to whom he was servant? - I took every precaution I could.

There cannot be a doubt, but that the most obvious precaution was the moment that you saw he was a servant, to have asked him to whom he was servant? - Servants have very often very costly things, and it did not occur to me.

Servants do not usually wear diamond rings? - He said it was his own, and that he had it with his wife when he married her.

Court. You said that he told you that his wife kept a shop there, and that he went there? - Yes, he told me that in the hearing of my master.

Why did not you say then, you have two directions, and you live somewhere in service with somebody else, did not ask that? - No.

Did you not say; pray Sir where do you live besides? - I went home to see where he lived.

Why did not you ask him who he was livery-servant to? - I thought he was a livery-servant out of place.

Now upon your oath, did not the man tell you not to tell his wife of it? - No, Sir, he did not; when I was going home with him, he said three or four young women were come out of the country to see him, and he desired I would not expose him to the young women, as he did not wish them to know he had pledged the ring.

Did not he desire you not to say any thing about it in the hearing of his wife? - No.

How came he then to have a laced hat and a cockade on, if he was a livery servant out of place? - I do not know.

Court. Did he tell you he was out of place? - No, he said he only slept at home; and I thought if that was his house, it was his own ring.

Do you mean to tell the Jury that you thought it was probable that a servant should have such a ring as that? - I certainly do; I thought it had been his wife's.

Jury. He has laid great stress upon his caution; I would wish to know if it is usual to send a person home? - We very often do.

When did you see the prisoner again? - On the 22d of June.

Court. Had you seen Mr. Jacobs in the mean time? - Often; Jacobs called almost every day; these Jews that deal in these kind of things, go their round very often, and come and ask if there is any thing that suits them.

They don't look about at the windows? - Yes, they look at the windows, almost always.

How lately before had you seen Jacobs before you bought this ring? - I might see him that very day; may be not for a week.

After this pledge had been sold to you, how often did you see Jacobs? - May be every day.

How often? - I cannot pretend to swear that.

Upon your oath, did not you see him on the 20th? - I cannot say.

On the 21st? - I cannot say; if I did, he did not see the ring.

Upon your oath, was he not there on the 21st? - No, Sir, he was not; I have got the receipt for the ring in my pocket.

Let us look at the receipt; was not Jacobs there on the 21st? - Not to my knowledge; he might be, very likely; he generally calls every day.

You are sure you had not shewn him the ring? - No.

On the 22d the prisoner sold it to you? - Yes.

What passed? - He came and fetched it out of pledge.

Court. What time of the day did he come? - Between eight and nine o'clock in the morning.

Was your master? - No, he was out; he came in about half an hour after it was fetched out.

Court. What did the man say when he came in? - He gave me the duplicate my Lord, and I went and fetched the ring, and he paid the principal and interest.

Out of his pocket? - Yes.

How much did the principal and interest amount to? - The principal was half-a guinea, and the interest two-pence, or twopence halfpenny.

After he had paid the principal and interest you gave him the ring? - Yes.

What passed next? - He asked me if I would buy it.

Do you mean to swear that? - Yes.

Without any thing more being said by you? - Yes; on which I asked him how much he asked for it; and he said six guineas; and I offered him four pounds for it, as I thought the diamonds were not worth above four pounds, or four pounds and a half, or five pounds.

How much did you allow for the ruby and the gold? - I did not know it was a ruby; I offered four pounds; he said, he would not take it, and he was going out of the shop, and I offered him four guineas.

He went out of the shop and returned again? - Yes.

Who called him back? - Nobody.

Do you mean to swear that? - Yes, I do.

Then he came back of his own accord? - Yes.

Without being called or beckoned by you or any body? - Yes, he came back and said he would take five pounds for it; but he begged I would keep it an hour after I had bought it, in order that he might see whether he liked to have it back.

Then you agreed for it and bought it? - Yes.

How much did you give for it? - Four guineas.

You wrote a receipt? - Yes.

Is this the usual way of writing receipts? - Yes.

"Being my own property;" is it usual to state it to; do you always put that in? - Yes.

Then he left it with you? - Yes.

Now what did you do with it? - I kept it some time, and then marked it, and put it up in the window for sale.

How long did you keep it first? - I suppose an hour, or an hour and a half.

What mark did you put upon it? - Six pounds six shillings.

Did your master come home first? - He did not come home till after I had marked it, and was going to sell it to Jacobs.

How long was that before your master came home, and after it was marked? - It might be an hour or two, I cannot say.

What time of the day did Jacobs come? Between one and two.

What happened between you and Jacobs? - My master was in the back parlour when Jacobs came in, and asked me to let him look at the ring that lay in the window.

Had you told your master that you had bought it? - No, Sir.

Had you told him that you had marked it for sale? - No; Jacobs offered five guineas for it; I told him I could not take less than six guineas; at that time my master came out of the parlour, he heard me bargaining with Jacobs, and he came out himself.

Now when he came out, what did he say to Jacobs? - He looked at it, and Jacobs said he would have it at that price.

That was all that passed? - Yes.

When Jacobs first came in, your master was in the back parlour? - Yes, he was.

He came out seeing you dealing? - Yes.

You were then behind the counter? - Yes.

You never left the counter with the ring? - No, Sir.

You staid there shewing it to Jacobs? - I was serving other people as well.

Then Jacobs was never in the back parlour with your master about the ring? - I

went into the back parlour to my master, just after Jacobs had bought the ring; I forgot that.

How came you to forget that little circumstance; for what occasion did you go into the parlour? - To call him out to look at the ring.

Then your master came out and Jacobs gave six guineas for it? - Yes.

How came you to put this in the window without consulting your master, and to put six guineas upon it as the price? - When we buy a thing, we always do so; it is the course of the trade.

How many diamonds have you marked in the course of the year? - Many-a-one; I bought diamond rings in the same way, in the last year; I do not say large ones, but small ones.

Court. Has your master never known you have marked those diamond rings afterwards? - Yes, when they are sold.

Then you sold them too? - Yes.

But your master has known it after they are sold of course? - Yes.

What value of diamond rings may you have bought in the course of the last twelve months; how much have you laid out in diamond rings? - I cannot pretend to say; not to a very large amount, smaller or greater; I suppose to the value of ten pounds; if you please, I will fetch the book.

Court. Could we have the book, are you sure that the number of rings you have sold are in that book? - Yes; we have a bought, and a sold book; but I cannot tell exactly when the last begun; it began, I believe about four or five months ago.

Count to Aldus. Give a note, that all your books of bought and sold plate, and other things for the last three years, may be brought here for the inspection of the Court and Jury.

(Mr. Aldus did so; but the books did not arrive till after the trial was over, and therefore they were not looked at.)

Now Mr. Crouch, you see we have got to this, that within this last twelve months, you have bought diamond rings to the amount of about ten pounds? - In the shop; not me alone.

I want to know during the last three years, how many diamond rings you may have bought, and in the absence of your master? - I do not know that before the last twelve-month I bought any.

Court. How many have you bought during the last twelve-month? - May-be five or six pounds worth, may-be three or four.

Have you bought any? - I bought one last week.

How many had you bought before this thing happened? - I do not know.

I ask you how many you yourself bought and sold without your master's knowledge? - I may have bought, three, four, or five.

Before you bought this of the prisoner? - With that.

How many had you bought before that of the prisoner? - Two or three.

Will you swear you have bought any? - Yes.

Will you swear you have bought one? I believe I have.

How many have you bought? - I cannot pretend to say.

Will you swear you have bought any since this? - I cannot tell.

Will you swear you bought any before you bought this? - Most likely I have, but I cannot identify the man.

You swore readily enough just now; take care what you say; you are now very near being committed for perjury? - We have bought many diamond rings, and marked them for sale within the last year, and sold them without consulting my master, but he has been consulted afterwards, and the other man has bought other things.

Then you have bought some? - I have bought one last week.

Now between the 8th of June 1786, and the 8th of June 1787, how many diamond rings have you bought without the knowledge of your master? - I cannot recollect that; I and the other man have bought rings.

the other man in the absence of your master, have bought any diamond rings, between the 8th day of June 1786, and the 8th day of June 1787? - I may have bought one; I cannot recollect; I shall see when the book comes.

Court. What did you mean by saying we have bought many diamond rings, and marked them for sale within the last year? - When we buy them we always marked them.

Upon your oath, have you and the other man, or either of you, in the last twelvemonth, from June 1786, to June 1787, bought any diamond rings in the absence of your master? - I cannot recollect; your Lordship will see the book.

Court. You have told the Court and the Jury you have bought many diamond rings, and marked them for sale, and sold them, without consulting your master, that is to account for your so doing; now, I tell you fairly, if you have not so done, I shall commit you for perjury; let us know whether you have done so or not? - I have told you every thing I recollect.

Upon your oath, do not you recollect that you have not bought any diamond rings in the absence of your master? - No Sir, I do not.

And that this is the first you ever bought? - I think it is not.

When you buy them you always take a receipt? - We always set that down in the book.

Don't you take a receipt? - Always.

Have you ever took a receipt for a diamond ring in the absence of your master? - Never but once since; small spark rings I have bought.

I ask you between the 8th of June 1786, and the 8th of June 1787, have you bought diamond rings of any sort, little or large? - I have bought stone rings.

Have you bought diamond rings? - I cannot recollect I have.

Have you ever bought any diamond rings of any body besides this man? - It is impossible to recollect.

Can't you recollect whether you ever bought one in your whole life before this? - I think I have.

You said just now, that you had bought a great many in the course of the last year, to the amount of about ten pounds? - In the course of business I have bought a great many diamond rings.

Rings that have been pawned? - Very seldom.

Have you bought them without the knowledge of your master? - Many things we buy I don't recollect, as to the diamond rings, I may not.

Upon your oath, have you ever bought and sold any without the knowledge of your master? - I don't know that I have.

Have you ever bought any in the whole course of your life till you bought this? - I cannot recollect: Yes, I have bought some, but you confound me so much that I am not able to give you an answer.

I ask you, Sir, and I will not confound you; upon your oath, did you ever buy, a diamond ring in your life before the 8th of June 1787? - I cannot recollect, I think I have.

Will you have that taken down as your answer; you are not confused now? - I think I have.

You said just now that you could not recollect you ever had; but when you saw my Lord astonished, you said, yes I have, which is the answer? - I think I have.

How lately? - I cannot recollect.

You said you never bought any till within this twelvemonth, between June 1786 and June 1787; have you ever bought a diamond ring? - I cannot recollect, I think I have.

If you have bought any, how many do think you have bought? - Not many.

You must recollect it, if it is a single transaction? - I cannot recollect it; I have taken many in pledges.

Have you ever sold any without consulting your master? - I have sold many diamonds.

Upon your oath, has there been a single diamond ring bought in your shop by any body during the last twelvemonth? - I think there has.

Between the 8th day of June 1786, and the 8th day of June 1787, has there been on diamond ring bought by any body in your master's shop? - I think there has, but I cannot swear it.

Do you mean to swear you think you have? - I have no doubt.

Upon the oath you have taken, has there been a single diamond ring bought by any body in your master's shop between June 1786, and June 1787? - At the sale there has.

Have you bought any in the shop? - I cannot recollect; we have several diamond rings now lying in the window of my making.

Court. You say that there have been diamond rings bought and sold between the 8th of June 1786, and the 8th day of June 1787, you seem to speak doubtfully; then if you speak doubtfully, I want to know why you answered that gentleman so positively and readily this,

"we have bought many diamond rings and marked them for sale within the last year;" why did you in the former part of your examination swear to it so positively and readily, and now have a doubt about it? - I said, I think I have.

No; you said we have bought many diamond rings and marked them for sale within the last year, and referred to the books to prove it; now, another thing you have told me in your examination, that you told the Jew you would not take less than six guineas? - Yes, I told him so.

That was the same day you bought it? - Yes.

You told me before that you thought it was of the value of four guineas, or four guineas and a half? - Yes.

Now, if you thought four guineas was the value of the ring, and you had told the Jew that you would not take less than six, and the Jew thought it worth six, did it not immediately enter into your head that the ring must have been come unfairly by; - No, my Lord, it did not indeed.

Now Sir, did you really believe that the man kept a shop? - Yes, my Lord, I did.

Could he write? - No.

Then if the man could not write, could you possibly believe that a man wearing a livery hat and cockade really kept a shop? - His name was on the door.

Have you ever taken any thing of this man, before or since? - A pair of sheets, or something of that sort.

Have you any thing in pledge belonging to him now? - Not that I know of.

Have you ever taken any linen of him? - Not to my knowledge.

Will you venture to swear you have never taken any shirts of him? - To the best of my knowledge I have not.

Court. The books are coming, therefore I caution you to be on your guard.

Whether before the 8th of June, 1787, you ever took any thing of that man in pawn? - No, I did not, nor know his person.

SOLOMON JACOBS sworn.

(Examined by Mr. Garrow.)

You deal in jewels, I understand? - I do.

Did you at any time buy a ring of Mr. Aldus? - I happened to pass Mr. Aldus's door on the 22d of June, and happened to look into the window, and there laid that there diamond ring that I bought.

Had you seen the ring before? - No; seeing it in the window, I went in and asked the price; the price was marked on it, six guineas, and he said he could take no less, and after a long to do, I gave him six guineas for it.

Mr. Phillips for fifteen guineas; I sold it the Monday following; it happened to be a ruby; I am no great judge of these things, and I went to look for Mr. Phillips at the Orange coffee-house; he was there; I asked him if it was a ruby, he said yes; what is it worth? says I; says he I will give you ten guineas for it; says I, if you offer me ten guineas for it, it is worth more; finding I would not take it, he wanted to go half profits with me, but I refused that; then, says he, whatever you are offered by any body else, let me know, and I will give it to you; and I told him he should have it.

Was this the same day you bought it? - I went to Mr. Phillips in about half an hour or an hour after I had bought it, but I did not sell it to him till the Monday.

You heard from Phillips, the moment he saw it, that it was worth ten guineas? - He told me it was a ruby of great value.

A little suspicion came into your head? - Yes, it was a suspicion that it was a ruby.

But a little more suspicion I mean? - Did not you suspect that it was stolen goods? - No, I did not.

You thought you had bought a very good bargain? - That is no rule; these things turn out cheaper or dearer; I did not buy it for a ruby, I will take my oath of it.

You have been long acquainted with Mr. Aldus? - I am acquainted with all the trade.

How much did you receive of Phillips at last? - Fifteen guineas.

Did you know at any time that Mr. Aldus had any part of that fifteen guineas? - No.

You have kept it all to yourself? - Yes; I have a large family to maintain, he never received any part of the fifteen guineas, no more than what I bought it for.

You paid the money directly? - Yes.

Did you see Mr. Aldus upon the occasion? - Crouch went to ask his master if he would take the six guineas.

Did Aldus see you at all? - I don't know whether he did or no, I cannot tell.

JACOB PHILLIPS sworn.

(Examined by Mr. Garrow.)

You had some share in this good bargain? - I had.

You bought this ring of Jacobs? - Yes.

Is this the same ring you had of Jacobs? - Yes; it has been in my possession ever since.

When did you buy it? - On the 22d of June; I was sitting in the Prince of Orange coffee-house when Mr. Jacobs came in and said, I have bought a ring just now, and I want your opinion upon it, whether it is a garnet or a ruby; I looked at it, and says I, it is a ruby, you may depend upon it, what did you give for it says I, says he, I have given six guineas; then says I, I will give you ten, says he, I am much obliged to you, but I do not want to sell it now, if you would give me twenty; then says I, if you have a mind to sell it, I will give you ten, and you shall go half profits with me, what it fetches; he said he would not take it, but he would give me the preference, in case he sold it; then, says I, all I beg is this, that you will let me have the preference, whatever any body offers you I will give a like price; this was on the Friday; he promised to give me an answer on the Monday following, at twelve; on the Monday he came according to his promise, and said he had been offered fifteen guineas; upon which I agreed to give him that sum, and bought it.

Is not it a very capital ruby? - It is not, if it was, it might be worth three hundred or four hundred pounds.

How much is it worth altogether? - Not thirty pounds; I have shewn it to the king's jeweller; I have shewn it to Mr. Rundell, and he would not give me thirty pounds for it; it may fetch forty pounds, but I would not give it.

What are the diamonds worth? - Not above four guineas, or thereabouts.

Then something about fifty pounds you agree it may be worth altogether? - I do

Court to the prosecutor. How did you find out where the ring was? - I desired Mr. Mason, silversmith in the Strand, to advertise it; and immediately afterwards, a gentleman came to Mr. Mason, and said he had seen such a ring.

Look at that ring, and tell me whether you believe it to be your ring? - I have no doubt about it; it was a ruby of that sort and size, and set in that manner.

SUSANNAH LANE sworn.

I have known the prisoner three years; I never knew nothing bad of him till this accident; his general character, is a good character.

MARY LEE sworn.

I have known the prisoner almost four years, ever since his first master brought him from abroad; he always bore a good character; I knew him with his master; he was single when he first went to live with him, and married afterwards; he was a housekeeper, but did not keep a shop till after he was married.

WILLIAM BARRAM sworn.

I have known the prisoner going on four years; he bore so good a character, that when I first heard of this affair, I could have sworn he was not guilty of it.

GUILTY .

Transported for seven years .

Tried by the first Middlesex Jury before Mr. Justice GROSE.

Mr. Aldus the pawnbroker, and William Crouch his servant, were dismissed by the Court, with a very severe reprimand for their conduct.

I have been robbed three times of my clothes; I lost the things mentioned in the indictment on the 6th of August; I was absent from home; I went out in the morning; I belong to the Post-office ; I came home about one; I am a housekeeper; I had left my wife and children at home, but my wife was ill at the point of death; I have six children; when I came home, I was informed I had been robbed, and that my property was at Justice Hyde's; when I came there I swore to the property, that is all I know; my wife died the next day.

THOMAS DODSON , the younger.

How old are you? - Going on eleven.

Do you know the nature of an oath, my boy? - Yes, Sir.

What will happen to you if you speak false and tell a lie? - I shall go to Hell, Sir.

Do you know that you are liable to be punished by law and sent to prison, if you speak falsely? - Yes.

Court. Give him the book.

THOMAS DODSON , Jun. sworn.

Now tell us nothing but the truth, tell us what you know of the taking these things? - I saw this woman coming out of the passage with the things in her hand; I was at the door, I think it was about one o'clock in the day-time, a little before my father came home; I was at the door on the outside; I did not see her go in.

Had she any thing when she came out? - She had her apron full of things.

Did you see what the things were? - I saw nothing but the boots and the waistcoats.

Could you see them in her apron, as she came out? - Yes.

What did you do when you saw her? - I did not stop her till she had got almost

to the corner; then I run after her, and told her the things were my father's.

What did she say to that? - She did not speak.

What did she do with the things? - She said she had done nothing at all; she had them in her apron.

What did you do with her? - I laid hold of her to bring her back, and Mr. Edmunds came up to assist me to bring her back.

What did she say for herself? - She said, I was a cruel creature.

Were the things brought back with her? - Yes.

STEPHEN EDMUNDS sworn.

I saw the lad take hold of this woman; he said she had got his father's property, and I took hold of her and brought her back.

Did you see the property in her possession? - Yes.

What was done with it? - It was left till the officer came.

Who was it left with? - We none of us left it.

What became of the property? - I went with her to Justice Hyde's.

In whose care was the property left? - In the custody of the officer.

- WATERS sworn.

The property was lying on the ground by the side of the woman; I took the care of it.

To Edmunds. Was it the same property you stopped with the woman? - Yes.

Court. Now let the prosecutor say, whether it is his or not.

Dodson. I know them all.

Have they any marks? - Some have, and some have not; the stockings have no marks, but I know them well; I am quite sure they are my things.

PRISONER's DEFENCE.

I was going to Chelsea to see two children at nurse, and I was seized exceedingly ill; I had lately come out of a fit of illness; I went into the house, and there I saw a woman; I asked her if she would let me go backwards into the yard; I think she said she belonged to the house; she told me, yes; when I came back, she had a bundle in her lap, and she told me she was going to move to the next street; she asked me to assist her to take the things, which I agreed to, and she put them into my lap; I went as far as the door, and there I stopped a bit; the woman I missed; and while I was beating about for her, a child came up to me and stopped me; I was not off the threshold of the door, before I missed the woman; and immediately the child came up to me, and said, they were his daddy's boots; the woman gave them to me; she was a lusty, tall woman, with a light coloured gown, and a Bath cloak; the child brought me back, and called another gentleman; I believe, I do not know; I cannot say I recollect the gentleman; the child was at the door, and spoke to me, but I do not recollect the gentleman.

772. HENRY KING was indicted for stealing, on the 13th of August, 1787 , one linen handkerchief, value 2 s. the property of John Fletcher .

BENJAMIN POOLE sworn.

About three weeks ago, I was in High-street, St. Giles's ; about five or six yards from the prisoner, I heard Mr. Fletcher cry, stop thief; he pursued after him up Dyot-street, with the handkerchief in his hand; it was a white and brown handkerchief, with a sort of a dart in it, a kind of a sprigg; it was a linen handkerchief; when he got into that street, a brewer's carman stopped him with his whip, and gave him two or three cuts, and the handkerchief

was taken away from the prisoner; when he was laid hold of, Mr. Fletcher said, I have a great mind to take you before a Justice, and the prisoner said he was very willing to go; I have not the handkerchief, Mr. Fletcher has it in his possession; he took him then to the office in St. Martin's-street; I went with him, and he put him into the custody of the people there, till next morning, when he was committed; I attended the next morning, and Mr. Fletcher; and then the prisoner owned that he had taken it for the first time; the handkerchief was produced and shewn to the prisoner by Mr. Fletcher; the handkerchief is worth about 2 s.

PRISONER's DEFENCE.

I was going along St. Giles's; I saw the handkerchief lying on the ground, and I picked it up, and the gentleman charged me with having stole it.

I am a land coal-meter ; I live at No. 6, Chick-lane ; at the time of the robbery, on the 27th of May, I went out about eleven in the forenoon, and returned about seven at night; soon after seven when I had returned, I found my apartments were broke open.

What apartments? - The apartments I keep for myself in the house in which I live, and I missed the things mentioned in the indictment, and many more.

How was it broke open? - I found the door wrenched, I was apprised of it, about two hundred yards before I came to the door.

Whose house is it? - I rent the house, and let it out in apartments, and live up one pair of stairs; on finding the door broke open, I went in, and I missed the things mentioned in the indictment, and many more.

Have you a list of them? - I have not got a list of them; I missed two great coats which were hanging up against the wainscot.

What was the value of them? - About 16 s. this coat which I have on, was on a chair in the room; I lost this; I value it at 6 s. there was a stone-coloured coat and waistcoat of the same cloth, worth 9 s. there was a silk and cotton waistcoat, worth 5 s. a buff coloured coat, worth 10 s. there was a brown coat, with a two foot rule in the pocket, worth 4 s. the rule worth 1 s. there were three dimity waistcoats, worth 9 s. three cotton gowns of my wife's, worth 15 s. a pair of silver teatongs, worth 4 s. when I came home, I found Sarah Carter , (who was found guilty last sessions for stealing part of the things.) in the room, she and I went to search after them at a house over the water belonging to Mrs. Pritchard, where she said Pimlott was gone to; when we came there, Mrs. Pritchard said that the prisoner and Pimlott had been there, and that they were both gone out with bundles; I searched the house, but found nothing.

Mr. Peatt. Were all the things new or old? - All old, they had all been worn many times.

MARY GOFF sworn.

I keep a house over-right to Mr. Chinnery's; son the 27th of May, I was in my one pair of stairs room, sitting at the window, and I saw the prisoner at the bar go out with a large bundle under his arm.

might be a little before or after six; I saw him go out of Mr. Chinnery's house.

How large a bundle was it? - It was like as though it was a taylor going to carry his work home; he was dressed in a blue coat with a round hat, and his apron tucked round him.

Had you ever seen the prisoner before? - I had seen the prisoner at the bar in Pimlott's room with Sarah Carter that afternoon; Pimlott lodged there; I am very certain the prisoner is the man; Pimlott went out afterwards with another bundle.

Has he been brought to justice? - Yes; he has been transported, I believe.

But the prisoner at the bar is the person? - Yes; I hardly took much notice; I thought the people who owed rent to Mr. Chinnery, were getting as much property as they could off; just after, Pimlott came out with another bundle.

You did not give any information about it? - No.

Mr. Peatt. Had you ever seen the prisoner before? - Not to my knowledge.

What distance may your house be from Chinnery's? - My house stands as it were here, and his there.

Court. You had not seen the prisoner in Chinnery's room, but in another room in the same house, belonging to somebody else? - It belonged to Pimlott, it was up two pair of stairs.

Is it a street, or a court? - A street.

How wide? - As wide as from here to there.

Court to Chinnery. What day of the week was the 27th of May? - Whit-sunday.

ELIZABETH PRITCHARD sworn.

On Whit-sunday in the evening, the prisoner and Pimlott came together to my house; the prisoner had a bundle under his arm; Pimlott said he had been to Blackheath to help Matthew Lock , to fetch his things home; he had quarrelled at the pay-table, and left his work; Matthew Lock put his bundle down, just by the door, and untied it, and Pimlott took the other off his shoulder, and Lock put the other parcel which Pimlott had into his bundle; then he tied it up, and said to Pimlott; Will, I ever did keep two coats to my back, and I could wish you to do the same; Pimlott said, I have got a coat, and Matthew Lock said, Will take care you do not drop my rule; then he tied the bundle up again, and put both into one; and then as he was going away, he asked me to let him leave his bundle, as he said, it did not look well to carry it through the streets of a Sunday; Matthew Lock said, his boxes were coming to the Elephant and Castle, at Newington; in about half an hour they went away, and in about half an hour after that, Matthew came alone; and said, if I pleased he would take his bundle.

Had you the curiosity to examine the bundle? - I know nothing further; he took his bundle away, and bid me a good night.

Did you see the rule? - The bundle I never opened; I only heard him say to the other, take care you do not drop my rule.

Mr. Peatt. For aught you know, they might be assisting each other to bring these clothes from Blackheath? - Yes.

ELIZABETH HACKET sworn.

Confirmed the evidence of the last witness, and deposed to same effect.

Prisoner. I beg leave to ask Mrs. Goff whether it was not the coat I have on now with the rule in it.

Goff. I cannot pretend to say whether it was or was not, he never opened it; he had a blue one on when he was there.

Prisoner. How could you see me come out of the house? - Very well, the front door is facing the door up the passage, and my window is fronting Mr. Chinnery's house, so that I could see every one that come out of the one door or the other. Chick-lane is a narrow-lane, and I could easily see.

I and the prisoner Pimlott had worked together some years; for a week before the robbery, I had lodged with Pimlott in Chinnery's house, and laid in that room; I had laid all my tools up there, and some wearing apparel; I was up there on Whitsunday in the morning, and we was drinking together, and Pimlott told me he owed rent to Mr. Chinnery, and that he was going to seize on his things, and desired me to take mine away; I had a coat, I had the jacket I work in, and some shirts; I carried them to a Mrs. Eccles; this coat she put new sleeves in; she had it to mend; I had got it tied up in a bundle; I use a rule in my trade; I said Will, I do not know where to put them this afternoon; as you are going to work at Newington, says he, I know a place where you may leave them, accordingly we went over to Mrs. Pritchard, and there we left them, and I went almost directly afterwards, and fetched them away, and took them to my lodging at Mrs. Eccles's.

Court. Where does Mrs. Eccles live.

Prisoner. She lives in Stangate-street, as you go down to Westminster.

Is she here? - No, she is sick, and is a poor woman.

ANDREW RULE sworn.

I am a spatterdash-maker; I live in the City-road; I have known the prisoner thirteen or fourteen years; his general character has been that of an honest man; I have not known him for the last twelvemonth, but for the last thirteen years before that, he bore a good character; his father is a plaisterer.

777. WILLIAM PALMER was indicted for stealing, on the 6th of September last, one pistol, value 10 s. two pistol locks, value 22 s. and five gun locks, value 38 s. the goods of John Richards , in his dwelling house .

The pawnbrokers produced the various articles, which had been pledged by the prisoner, who was the prosecutor's journeyman .

PRISONER's DEFENCE.

I did not take them with an intent to defraud him, and I meant to restore them.

778. JOSEPH TYSO was indicted for that he, on the 17th day of August , did counterfeit the current coin of this kingdom called farthings, against the statute .

JOHN ARMSTRONG sworn.

Mr. Silvester. You had information against a house at Sedbury-castle ? - I had, Sir.

That is in the parish of Shoreditch? - Yes, I went there on the 11th of August, with Harper, Beamont, and Shakeshaft; on entering the garden, the house the prisoner lives in, was at the bottom with two front windows that commanded the walk; I looked up at the windows directly, and I saw a man without his coat; and seeing him confused, I ran and pushed the door open, with the officers at my back; in the lower room, there was a woman who appeared to be his wife, and a maid, and the man said he was concerned in some business under the sheriff; I observed a ladder which led up to the other apartments, and I went immediately to that place, and on the step of the ladder that went out of the lower room, namely, into the one pair of stairs higher, by way of a stair case, I found these things. (Producing some farthings.) The woman was nearest to the ladder; I was not time enough in to see whether she had come from it, but that being there, it attracted my attention; I catched hold of it, opened it, and found it contained all new farthings, and I told the other officer to secure the people; they were in this apron or handkerchief; the other officers were then in the house, and we secured the other things, and the prisoner was then taken to the Magistrate, he, his wife, and the man.

Did you search the house? - No, the other officers did.

What quantity of farthings are there? - A great many indeed; I cannot speak to the quantity; on being taken to the Magistrate, the prisoner said he found them; there was in one part of the house, a corner cupboard, in which I found some that seemed to be black; the man that was taken, was discharged at the prisoner's request, as only coming to deliver a message to him; these were in a cupboard by the side of the bed; on going to the Magistrate, the Magistrate took the prisoner's word, and his brother's, for his appearance at twelve o'clock, on Monday, to be examined before Mr. Vernon.

What day was this? - On a Saturday; he not coming, Mr. Vernon went home, and we had orders to keep these things, and in about an hour after Mr. Vernon was gone the prisoner came; on Friday following, the 17th, we again received another information against a house where the prisoners was supposed to be at work.

Court. Then you discharged the prisoner on the Monday? - Yes, my Lord.

And you had a second information? - Yes, we had a search warrant, and we went to a house behind the Rum Puncheon at Hoxton.

How far is that from the other house? - There is a walk called Hare-walk; then there is a field which takes you right to the gardens, where the prisoner's first house was.

Then the communication is by the walk and the field? - Yes; it may be half a mile apart to the best of my knowledge; I knocked twice at the door, and could get no admittance; I threw up the sash of the parlour window, and jumped in; in coming into the room, I observed a dirty blanket, and some saw-dust; in the lower room to the left hand, there was a stamping press, with

Prisoner. It is not a stamping press, it is a cutting press? - It is a stamping press; this is a fly which fixes on here, and this stood on a little block of a tree fixed, and the apron nailed to the block to receive these kind of blanks as fast as they are cut and stamped; this is made with a handle that is pulled by that; there is a movement and cutter here, that cuts the impression from the blanks.

Court. Put it together if you can.

(The witness put it together, and shewed how it was worked.)

Court. Now working it in that fashion, what could be the effect of it, would it cut or impress, or do either? - To all appearance when fixed on a tree you may either cut or impress any similitude you please with it.

Now look at it, and shew the Jury whether with that instrument such a piece of stuff as that you have got in your hand could be made? - It is the exact size of the cutter that is in.

As it is now, it cuts out blanks, but remove this cutter, it is a stamping press? - If you remove this cutter, and put the die between it, it becomes what you call a stamping press; this screw removes, then take it out, and put in the die.

Did you find any dies any where in that room, or about the house? - No dies whatever, in either house.

But without a die, that piece of copper could not have been under? - They must have a die to finish them afterwards.

What else did you find? - On going up stairs into the garret, the prisoner was there without his coat.

Then you did not see the prisoner below stairs? - No, he asked me leave to fetch his coat; I told him he might, but he must go with me to put it on, as such he came down stairs, where this press was fixed, and the apron nailed to the tree; and there was his coat.

Court. I understood you to have said you found farthings in that apron? - Yes, my Lord, they were in the first house; I brought him down, and he put his coat on; his hands were greasy, and he informed me he saw me when I was at the door, and it appeared as though he had been at work at this press; the floor where this press was fixed was boards, and the boards were taken up, and the trunk fixed in the ground to deaden the found, and so it was at the house where we found them before.

Then does it make a noise? - It would make a jarring if it was not for its being fixed in the ground; I have been where halfpence have been coined, and I always saw them fixed in this manner.

Did you examine his person? - No, the officers did that.

SAMUEL HARPER sworn.

I went with Beamont, Armstrong, and Shakeshaft; I have got some farthings; I went on the 11th with the other witnesses, and in going into the garden, Mr. Armstrong went first, and I went, I saw people in the house rather confused; we ran as fast as we could directly, and when we ran in, the prisoner had these two bags of farthings in his hands, and I seized them in his hand.

Court. Were they hot or cold? - As cold as they are now; they are all finished for circulation.

What papers are they? - I never examined or counted them; I seized these farthings in his hand, after that I went up stairs, and there I found nothing.

SHAKESHAFT sworn.

I went to this house with the other officers; I kept with the prisoner while they searched the house, on the 11th; I saw the farthings taken from the prisoner; he said he had just found them; I found these farthings in a table drawer, and several farthings I picked up on the stairs; I said it is very odd if you have just found them, that these are distributed about the house; we brought him away, and he was discharged

before the Magistrate then; we then had another information; we went to the house; there we secured him again, and I searched him, and in his pocket I found ten farthings, the very same as those found at the other house; I believe they are all of the same die; there is some saw dust, and here is a sieve to sift them with; this sieve we found -

Court. What use is made of the sieve? - They hustle them in a dirty blanket, and make them black with oil and saw dust, and then put them into this sieve, and fist the saw dust from them; here is some brimstone that I found; they boil them in brimstone and salt first, and then they hustle them in the blanket with oil and saw dust, and then sift them in this sieve to get the saw dust from them, and cleanse them.

What is the metal of which they are composed? - Copper, here is some sessill which I found.

Had you the curiosity to see whether the sessill corresponded with the size of the farthing? - I believe it does; there may be a small difference in the size.

Did you find any copper? - Yes, there is every thing fit for coining except the dies.

How large a thing is a die? - This something resembles one.

Is a die of such a size that it can be easily made away with? - Very easily; that is a halfpenny die, but there is no impression upon it.

Prisoner. I should be glad to know if I told him whether they were boiled, and hustled in a blanket as he has described? - I have been at the taking of coiners many times.

Court. Did he inform you any thing of that sort? - In the first house he said he was making of buttons, and he desired us to go to the other house, and there we should find the shanks in a cupboard in a tea pot; we went there, but we could find none; there was some boards up there, the same as at the other place, and the flooring was taken up, and we supposed a press had been fixed there; we put our sticks into the mould, and found it soft, and I found amongst the dirt, these four farthings, answering the same as the others.

JOHN CLARK sworn.

Mr. Silvester. You have seen a press, look at that, what press is it? - This is a cutting press.

Can it be made into a stamping press? - Clearly so, by taking out the cutter, and fixing a die; it would do not for heavy work, but it would do for stamping farthings.

Look at those farthings? - These farthings are counterfeit.

Court. What metal are they? - It is a copper of a worser sort than what is used in the tower by sixpence a pound; it is copper worth about ten-pence a pound; it is what they call a bastard copper.

Is that of the likeness of a legal farthing? - It is not like a tower farthing, but it will pass current for a farthing.

Now look at that press? - I have looked at it before, I see there is every thing complete for coining except a die.

Prisoner. If he will examine it, he will see it is only fit for stamping slight impressions upon buttons? - It will put impressions upon any thing of a small nature.

Would it make impressions of this nature? - Certainly it will.

Prisoner. If you examine the press, you will see it is a cutting press? - It may be made a stamping press; this is a receiver to catch the piece of metal that is cut as it runs through; then remove this cutter, and put in this solid piece of iron, and the die, and then it cannot run through the hole; it is preserved at the bottom of the die.

Then it may be made a stamping press? - Yes.

Court to Shakeshaft. Did he say any thing about the dies when you went to the second house? - He said you may search for dies as long as you please, but you will find none here.

Prisoner. I found the farthings in Hoxton fields, and I have several witnesses here to prove what my business is, and what I get my living by.

I have known the prisoner near two months by frequenting his house; I have frequently gone there, and seen him at work up stairs and below; I always thought him an honest man.

What work did you see him at? - Making buckles; I never saw any such things as these are.

Which house did you go to? - The house next door to my father's.

Which house is that? - The King of Prussia's Head, in Hoxton fields.

Shakeshaft. That is the first house.

Did you see that press? - I saw him cutting out buckles with it.

Did you see the sessill? - No.

Prisoner. When the officers came to search the house, the buckle tools lay about, and they would not take them.

(Some steel sessill produced.)

To Spicer. Did that appear to you to be the only manufactory carrying on? - Yes.

THOMAS TYSO sworn.

I am brother to the prisoner, about three years ago, he and I came to London; he is a buckle-maker by trade; he used to cut out the buckles, and I used to file them, till the trade sell off, and then we parted, and I worked by myself, and he worked by himself.

JOSEPH SMITH sworn.

I have known the prisoner ever since a month before last Christmas, when he came to live next door to me; I live in Hoxton fields.

Is it the first or the second house that you speak of? - The first.

What did he do with two houses? - I don't know; I have frequently gone in, and seen him at work, cutting out steel buckles.

THOMAS CONWAY sworn.

I have known him from a child, and I have seen him cutting out steel buckles abundance of times; I never saw any thing of that sort.

Mr. Silvester. Have not you been in custody upon suspicion of coining? - Yes, once.

Oftener I believe? - I speak upon the steel things only.

JOHN ASHER sworn.

I have been often times to this young man's house, next door to the King of Prussia's Head, and I never saw any thing of that kind; I have seen him make buckles often, never any thing else.

779. JOHN BLAND was indicted for stealing one patent lamp, value 10 s. the property of Joseph Haling .

The witnesses examined separate at the prisoner's request.

WILLIAM THOMAS HOLLYAR sworn.

I am shopman to Mr. Haling, the tin-plate-worker , in Market-lane; he lost a patent lamp, on Thursday, the 9th of August; I did not miss it till the prisoner was detected by Mr. Sharp.

GEORGE SHARP sworn.

I am foreman to Mr. Lucas, who is a supervisor, and contractor for lamps; on Thursday, the 9th of August, as I was in St. Martin's-street, Leicester-fields, looking at my boy at work, I saw the prisoner coming up the street on the other side of the way, with something wrapped up in his apron; I says to him, what have you got there?

What is he? - He is what you call a cadoee, that is, a helper; I asked him what he had got there, his reply was nothing; I put my hand towards his apron, and he drawed it away, and would not let me see; I told him I insisted on seeing, and he said if I would step on one side, he would tell me what was there.

Did you tell him it would better for him to confess? - No, I says to him, I shall not go any where, and then he opened his apron, and there was the patent lamp in his apron.

What may be the worth of it? - Seventeen or eighteen shillings.

Whose lamp was it, did you know? - I did not find out till afterwards; I asked him how he came by it, and he said he had taken it from Mr. Haling.

Did you understand by that that he had stole it, or that Mr. Haling had given it to him? - When I saw the lamp, I took him by the collar, and took him back to Mr. Haling's; he begged I would not take him to Mr. Haling's, and said, you have a family of your own, and I hope you will not hurt me, but before that, I asked him if he worked for Mr. Haling, and he said, yes; then says I, are not you a bad fellow to rob the gentleman that employs you? then I took him to Mr. Haling, and he was taken before Mr. Justice Hyde, and committed.

- SMITH sworn.

I am foreman to Mr. Haling; I took this lamp from the prisoner, on the 9th of August; he had it inside his apron; I have had the care of it ever since under lock and key; he owned it to be Mr. Haling's at the Justice's, and that he took it.

Hollyar. This is Mr. Haling's property; I know it by the No. 1582 upon it.

When that was brought to you, did you look to see if there was any such number missing? - No, my Lord, but afterwards I found there was one wanting; I know that by the stock; there were twelve of that sort exactly; the prisoner was at work for Mr. Haling at the time, cleaning and preparing lanthorns for the Prince of Wales's birth day.

PRISONER's DEFENCE.

I found the lamp in the back yard, under the water tub, and only picked it up to take care of it.

780. ELIZABETH RICHARDS was indicted, for stealing, on the 8th day of August , one guinea in gold , of the proper monies of Edward Loveman .

EDWARD LOVEMAN sworn.

I have been at sea almost all my lifetime; I have been home about eleven weeks; I never saw the prisoner before the day she robbed me.

When was this? - I don't know how long it is ago.

Was you drunk or sober? - Sober.

Where was it at? - About a fortnight ago, I saw the prisoner at the King's-Arms, in New-Gravel-Lane ; I was drinking along with a young man, and I was pulling out my money to pay the landlord the reckoning, and she came and took the guinea.

How much was the reckoning? - My reckoning was about half a crown.

Where did you put the guinea? - Upon the table.

Who took it up? - The prisoner.

How do you know that? - I saw her.

What did she say when she took it up? - She did not say a word, but clapped her left hand upon it, and took it up.

How came you not to bring any more? The Justice at the office said one was enough; then she ran away, and this man, who saw her take it up, jumped out of the box directly, and catched hold of the hand the guinea was in.

Then she did not go out? - No, not before the constable took her out.

What time of the day was this? - Between twelve and one.

At night? - No, in the middle of the day.

Did she make no excuse for taking of it up? - No.

JOHN MURRAY sworn.

I am a plaisterer by trade; I was at this house in Gravel-lane, and I saw this young man sitting in a box right opposite to me; the prisoner came and sat down by him; he have a guinea down upon the table to pay his reckoning, and she clapped her hand upon the guinea; he asked her if she wanted to rob him? and she said, Yes, you bloody b - gg - r, I do! and she said she would not give it to him again; then one of the servants of the house ran for an officer, and she put it in her mouth, and had it there for ten minutes or thereabouts, then she put it into some part under her petticoats, or some where or other, and when the officer came and she was searched, it could not be found.

To Loveman. did you ever get your guinea again? - No.

PRISONER's DEFENCE.

I was sitting in this house drinking a pint of beer, and I never spoke to him, or he to me, till he challenged me with having stole the guinea; I was searched before I went out of the house, and no such thing was found upon me.

781. THOMAS REILLY and ABRAHAM DAVIS were indicted, for that they, well knowing that James Lewis deceased had really served the King, as a mariner on board the Hannibal, and that certain wages and pay were due to him, the said James Lewis , at the time of his death, for his services on board the said ship, on the 12th day of June, 1787 , did, unlawfully, wilfully, and feloniously procure one John M'Daniel to appear in his proper person before the Worshipful William Scott , Doctor of Laws, Surrogate of the Right Worshipful Peter Calvert , Doctor of Laws, and Master-general or Commissary of the Prerogative Court of Canterbury, lawfully constituted, and then and there, before the said William Scott , to take a false oath to this effect,

"That the said James

"Lewis died a bachelor, intestate, and

"without a parent, and that he, the said

"John M'Daniel, was his brother and

"next of kin;" he, the said William Scott , having full power to administer the said oath, with an intent to obtain a letter of administration of the effects of the said James Lewis, deceased, and to defraud the King.

There were seven other Counts, laying this matter in different ways.

(The Indictment was opened by Mr. Fielding, and the Case by Mr. Silvester.

The record of M'Daniel's conviction was submitted to the Court as evidence, to prove his having committed the crime mentioned in the indictment, but it was objected to by the prisoner's Counsel, Mr. Shepherd and Mr. Garrow, as by no means binding upon the prisoners at the bar, and that they ought to be at liberty to controvert it if they could; the Court allowed the objection, and Mr. Fielding said they were prepared with proper evidence, and only submitted that to shorten the proofs.

WILLIAM LONG sworn.

I am a clerk in the office of the Adjutant of marines at Portmouth; here are

the books of the Hanibal; James Lewis enlisted as a marine the 11th of January, 1780, aged nineteen years, five feet four inches high, in the parish of Norton in county of Hereford; he was of the 130th company, and embarked on board the Hannibal the 28th day of the same month.

Mr. Fielding. Was there any other James Lewis a marine? - No, not belonging to that company.

HEN. HUNTER WILLIAMS sworn.

(Produces the books of the Hannibal.)

James Lewis entered on board the Hannibal the 28th of January, 1780, at Portsmouth, in quarters; he belonged to the 130th company of marines, and died the 10th of March, 1782, on board the Neckar, a French prize.

Does it appear what wages were due to him? - About seven pounds.

Was there any other James Lewis a marine on board that ship? - No.

WILL. CLARKSON, junior, sworn.

Mr. Silvester. Do you know M'Daniel? - I know no more of him than that he came to my office in Doctors-Commons.

Should you know his person if you were to see him? - Yes I do; he came to me by the name of Lewis, in company with the prisoner Reilly, for administration to the goods of James Lewis , a marine, deceased, late of his Majesty's ship the Hannibal; the instructions were taken by my clerk, Mellor, and the instrument on which Lewis or M'Daniel, or whatever his name is, was sworn, was drawn by me, and the oath of administration administered in my presence; this is the instrument he was sworn on (producing the will and jurata.) he was sworn before Dr. Scott, Surrogate of the Judge.

Tell us the whole that passed? - When he came to the office, he came for administration to the deceased's effects; the instructions were taken by my clerk.

Mr. Shepherd. Is not the jurata in writing at the time he swore? - No, it is a verbal oath, administered by the Surrogate, and not reduced into writing; it is a regular form of oath.

Is there no instrument reduced into writing, and signed by the party swearing? - No.

When he came, was Reilly with him? - Yes; the instructions were taken, he was afterwards sworn, and after he was sworn, I sent my clerk, in order for Mac-Daniel and one Rickhus to enter into the usual bond at the Prerogative-office; the instructions were not taken by me, but by Mr. Mellor; that instrument was drawn from those instructions; I afterwards saw him take the oath, my attestation is to the warrant; when Reilly came to the office, he said he came from Mr. Davis, and that Mr. Davis would be there presently; Davis came into the office, I think it was while I was drawing the jurata; I know it was before the party was sworn, because I know when I returned from getting the party sworn, he was gone.

When Davis came, what did he say? - I see you are about the business that the parties have come to me as that morning.

Repeat what he said? - As near as I can recollect he said, I see you are about the business that the parties had just come from him about.

Court. Did he say parties? - I believe he did.

What did you understand from that? - I understood that he meant M'Daniel and Reilly.

He saw M'Daniel and Reilly then in your office? - Yes: Some short time after I went after my clerk into the Prerogative office, I saw Rickhus and M'Daniel, and it had just been discovered that M'Daniel had assumed the name of William Lewis , and that after he had executed the bond, he had owned his name was not Lewis, but M'Daniel; in consequence of which he was immediately apprehended and taken before a magistrate; while they were executing the bond, it was discovered to be wrong, before ever the parties had finally left my office; Reilley was standing, I believe, about the door, or in the street or

court opposite; I perfectly recollect Reilly was about the office when I returned from his taking the oath; but that he was not there at the time I returned back to the office after the matter was discovered; Reilly was then gone, and Davis was gone before I returned; in the afternoon Davis came to my office, and enquired of my clerk whether the administration was granted, that is, whether it was completed; my clerk informed me Davis was in the office, and I went to him and told him some gentlemen with me heard the secret, and Mr. Davis said he was ready to go any where, and he was taken to the Compter Davis had agreed to pay for it.

How came you to stop Davis? - From the information of M'Daniel, in consequence of his confession.

Court. That we can't hear.

(Cross-examined by Mr. Shepherd.)

Davis was examined by Alderman Crosby at the time M'Daniel was taken up? - No; he was not examined till the next day; he was there.

Were you not before Alderman Crosby when Davis was examined? - I was.

I take it for granted you were examined? - Yes.

Davis was discharged? - He was.

Did you at that time say, what you have now said relative to Davis's coming when the man was there? - Yes.

However, after you were heard, Davis was discharged? - Yes; Mr. Garrow was present.

How long ago was that? - On the 13th of June; the 12th M'Daniel was examined, the next day Davis was examined, and Reilly was re-examined the same day; Reilly was committed, Davis was discharged, and Rickhus was bound over to give evidence against M'Daniel that day, and was bound over to give evidence against Reilly the next day.

Do you know where Davis lived? - At the Spread Eagle, in Gracechurch-street

Do you know when he was taken up the next time? - Since the Sessions began.

Have you seen him between the time of his being discharged by Alderman Crosby, and his being taken up again? - Yes, I have seen him upon 'Change.

Since last Session? - Yes.

He has been a public man since the last Sessions? - Yes.

Court. He has never absented himself, nor kept himself out of the way? - No, not to my knowledge.

Do you know his brother, Samuel Davis ? - I do.

He is an agent? - He is.

Do you know where he is? - No; he lodged in the same inn with his brother; I have not seen him since the day before Reilly was committed.

This Davis has been publicly about ever since? - Yes.

Which is the tallest of the two? - Samuel.

They are different in their appearance? - Samuel has not any thing of the appearance of the prisoner, he is a very portly-looking man.

Mr. Silvester. Then they are not at all like two brothers? - Samuel is as broad in the face as Mr. Silvester, but he is as tall as Mr. Fielding, I believe.

SAMUEL MELLOR sworn.

I am clerk to Mr. Clarkson; I know the prisoners at the bar; I have seen them both.

Do you know the person of M'Daniel? - Yes.

When was it that any application was made to you relative to an administration to James Lewis ? - On Friday the 8th of June, I think it was; Mr. Davis brought me three names, I cannot recollect them; he told me to search the caveat-book, and enter caveats against those which were not done; one of the names was James Lewis I am positive.

What further passed between you and Mr. Davis? - I went and searched, and found two of them done, but Lewis's was clear; it was then near six o'clock, and he

desired me to go back and enter a caveat, which was done; and he told me he would send the relations or the parties to-morrow.

What was the purpose of the caveat? - That no business should be done without his knowledge.

Did he come on the next day? - No, Sir; he did not, it was a holiday Monday; being a holiday, the Tuesday following, M'Daniel and Reilly came together, and Reilly brought a paper with the name of James Lewis upon it.

What is become of that paper? - I don't know; it was not of that sort, which I thought necessary to be preserved; Reilly said he came from Mr. Davis, and asked if he was not there on the Saturday; I said, yes; and he said I must get the business forward as fast as possible, in order that it might be compleated against Mr. Davis came; in about half an hour after, Mr. Davis came.

Did any thing more pass between Reilly and you? - Not at that time, not till Davis came again.

Then when Davis came, he asked if the parties had been there? - Yes.

Court. What parties? - Reilly and M'Daniel.

Did he name them? - No.

Where were they? - They were waiting over the way; I told him they had been there, and where they were then; he desired them to be sent for, and they came, and I took the instructions immediately.

They were all in the office together? - Yes.

Did any conversation pass between them? - Not as I took notice of.

Who gave the instructions? - We generally ask the administrator; but Reilly answered for him, and I told him to hold his tongue; he still kept on telling him, and said, it was, because the man did not know much of the nature of such business, and he was better acquainted with it, and that he had known him about five years; then I finished taking the instructions, and the warrant was drawn.

Court. Was it Reilly or M'Danie that gave the instructions? - Both answered the questions; then M'Daniel was sworn, and I went with them to see them execute the bond at the Publick-office.

Court. Did you see him sworn? - No.

Have you any memory of the questions you asked M'Daniel? - I asked him if he had any father or mother, and several other questions, which Reilly sometimes answered for him.

Did you ask him as to the situation in life, in which the intestate was? - No.

Did you ask him for any description of James Lewis ? - I asked him whether he was a marine or a seaman, and Reilly said a marine.

Was your questions directed to M'Daniel? - Yes; and I told Reilly to hold his tongue two or three times, and let the man answer for himself; when I had prepared every thing, they went into the Office to execute the bond.

Did you go with them? - Yes.

Did Reilly go in? - No, Sir, he waited at the Office, but as we came back from executing the bond, I met him in the passage.

How long did you stay in the Prerogative-office transacting business there? - I suppose ten minutes.

What M'Daniel said respecting himself you may relate, but not what he said respecting the prisoners? - At the place where the bond was executed, after it was executed, he called me back as I was going out of the Office, and made a confession, and then went out to meet Reilly.

After the bond was taken you were coming away, and you were called back? - Yes, and he told me he was doing wrong, and that his name was not Wm. Lewis , but his name was M'Daniel, and that he was sorry for what he had done, and hoped he should be forgiven, because he was an innocent man, and had been procured to do it.

Now, how long might this have taken up in the Prerogative-office after the time when you left them in the office and came out? - Not above ten minutes in the whole.

After you was called back to be a witness to this transaction, what did you do yourself? - The clerk was sent to inform the register, and the people were ordered to be taken into custody, and we went back to our Office; we met Reilly in the passage; we had got both M'Daniel and Rickhus into custody and Reilly seeing me speak to the clerk, ran off immediately; then I took them to the Office, and they staid there till the officer came and took them into custody; Davis was to come again in the afternoon, when I told him it should be ready.

Mr. Garrow. What time was this? - - About twelve or one.

What time did you see Davis in the afternoon? - About four.

You was present before Mr. Alderman Crosby, afterwards? - Yes.

Was you examined? - Yes.

Mr. Clarkson was likewise examined? - Yes.

Davis was examined? - Yes; and he was discharged.

When was Davis taken? - When he came to the Office that afternoon.

Was you there when he first came in? - Yes, he came to me in a great hurry, and asked me if the business was ready, and I told him that there had been some dispute about it; but I did not tell him the real fact.

Did you go to fetch Mr. Clarkson? - Yes; and he told me to detain him, and Davis said he was ready to go any where wherever we chose to take him.

Who did you leave in the Office while you went to fetch Mr. Clarkson? - Nobody.

When he came back, he expressed great readiness to go with you? - Yes.

You have a good deal of business to do with navy agents? - Yes.

Is there any thing in all that you have described Mr. Davis to have done, that is not done by the most respectable navy agents in this town? - They often come and desire business to be done.

Court to Clarkson. What is the substance of the oath? - That the deceased died intestate.

Did you know Davis? - I have seen him several times as a navy agent.

Did you know any thing of M'Daniel? - I never saw him before.

Do you know a person of the name of Sweetenburg? - He is a clerk in the Prerogative-office.

Did you hear what passed between M'Daniel and Sweetenburg, with respect to his having been there before? - Mr. Sweetenburg said, he knew his face, and said to him, I think you have been here before; he said no, and persisted in the business he was about; Mr. Sweetenburg said to him, do you know the consequence of what you are doing?

This was before the bond was executed? - Yes; I don't know that he said he knew the consequence, but he persisted in the business.

What do you mean by persisting? - He insisted he had never been there before, then he executed the bond, and did not say any thing further about it.

Mr. Fielding. You had seen Davis there before doing business? - Yes.

For himself? - He did it for other people.

Did he act as agent for other people? - Yes.

Mr. Garrow. There is nothing so common, I believe, as doing business for other people? - Nothing.

GEORGE SWEETENBURG sworn.

On the 12th of June last, Mr. Clarkson's clerk came into the Office, with a person of the name of Lewis; I had the bond in my hand, and I recollected the man's face, and I asked him if his name was Lewis; he said, it was; says I, I have some recollection of your face, you have been here before upon some other business; he said, he never was in the office before in his life; I then said, I have some recollection of you, and if you are the brother, you may execute the bond; he executed the bond in my presence; he did not make the mark to the bond in my presence, it was made before he came into the Office; he

said, it was his mark, he sealed and delivered the bond; he had not done it, I believe, a minute; he did not move from me a yard, before he turned round, and said, I will tell you the whole matter, I will confess the whole matter to you; and he said, that he had been procured to do the business, and was to receive half-a-guinea for doing it; he said before that, he was not the brother of the deceased; I went out, and saw the prisoner Reilly, in a court opposite, walking backwards and forwards; the court is directly opposite the office; I was in conversation with Mr. Clarkson's clerk and M'Daniel, this was after the bond was executed; and I saw the prisoner Reilly go out of the court, he went away; I did not see any thing of him till he was in custody; Mr. Smith pursued him, but he was not found.

Mr. Shepherd. I think you say, when M'Daniel came into the office, you knew his face? - I did.

You told him you thought he had been the brother? - I did.

You cautioned him upon it? - I did.

Did you not think he had been there as a security, or otherwise? - I did.

JOSIAH RIDGEWAY sworn.

I am a farmer at Azor, James Lewis lived servant with me; his wife went away about a fortnight before him; that James had a wife; he lived in Norton Cannon; he might be upwards of twenty; he left me, in January 1780; he enlisted for a marine.

Did you see him after he had enlisted? - Yes, I saw him twice with a cockade in his hat.

What division of marines? - The Portsmouth division, the second division; his wife is dead; he had a father living when I came from home, and a sister, no brother.

JAMES WITNEY sworn.

You knew the family of the Lewis's? - I did.

How many children had they? - Old William had two sons and four daughters; James was one of the sons, and Thomas; Thomas was older than James; one son went to London, and is since dead as I have heard say, that was Thomas; Thomas was born in the year forty-nine.

M'Daniel put to the bar.

Is that Thomas Lewis ? - Not to my knowledge.

What aged man is M'Daniel? - Twenty-nine or thirty; Thomas would have been forty-nine, if he had been alive.

JAMES REILLY sworn.

(Look at M'Daniel.)

I have known him three years; I never knew him by any name, but by John M'Daniel.

Do you know either of the other prisoners? - Yes, I know Tom Reilly .

How long has he been acquainted with M'Daniel? - Between two and three years, I suppose.

Court. Is he any relation of your's? - No.

Did you ever hear him call him by his name? - Yes; I have.

Mr. Garrow. Why Mr. Reilly, you make a very different figure to what you did when I saw you before the Lord Mayor? - I was ill of a fever and ague; I have been in the Poultry Compter ever since; I knew no more of it than what I tell you now.

These clothes were enough to cure you of an ague, compared to those you had; do you remember talking to any body after being examined before Mr. Crosby? - No, Sir.

Where did they pick you up? - The prisoner M'Daniel told them, that I could prove that his name was M'Daniel.

Did you say any thing before the Alderman, of having said, that you heard Reilly say his name was John M'Daniel? - I said that to the Alderman.

You did not say any thing to any body after you went out of the room, that you was sorry for what you had said, and that

you did not know that name; but he had been called by that Christian name in the cause? - No, Sir, I never said that I was sorry for what I had said; I have been a marine, and served on board the Resolution; I have been a porter to the water-side, on the keys.

Did not you say that you did not? - I never said so; I never knew him go by the name of John M'Daniel.

JAMES RICKHUS sworn.

I live at No. 8, Butler's-alley, Grub-street; I am a shoe-maker.

Do you know either of these men at the bar? - Yes, Thomas Reilly .

Where did he live? - He lodged along with me.

Do you know any thing of the other man? - I saw him the first time, at the Spread-Eagle in Gracechurch-street.

What do you know of this transaction of Lewis's? - I know nothing further of it, than Mr. Reilly came to me the 10th of June up stairs in my garret; he said, he was going about a little business the next day, for a man that he knew; he asked me if I would go as a bondsman, he said, it was of no consequence, it was only matter of form; the next day he said was a holiday, he could not do any business that day; this was on Monday, it was on Sunday he spoke to me; he said, he should be glad if I could make it convenient to go the next day; I had a pair of boots in a hurry, and I said I could not go, but he prevailed upon me to go, and I went with him; he took me to the Spread-Eagle, in Gracechurch-street; he told me to call for a pot of beer, he would return presently; he went some where, and stopped some time; he returned again, and said, the man was dressing himself; he went up again, and Mr. M'Daniel came and set in the same box; I was in some time, he did not come with Reilly, he came by himself.

Who was M'Daniel? - The man that went by the name of Lewis; he said in the Commons, his name was M'Daniel, I never saw him before; he sat some time, and he asked for Reilly; he said he knew Reilly; Reilly came in, and said, he would have another pot of beer; he called for it; he sat a little time, and Davis came and tapped at the window, and called Reilly, and Reilly went out; he came in again, and asked us to go; we went to Mr. Clarkson's Office; there he wrote something, but what it was I cannot say; they asked M'Daniel something what his brother was, and he hesitated, and Reilly said, a marine; then Reilly said, we had better stop the business till Davis comes down.

Was any thing said about who was to be bondsman? - When Reilly went in, he said, I would be bondsman; I went home, and Reilly came after me; he asked me if I knew M'Daniel; I said, no; I came to oblige Reilly, who was a lodger in my house.

Mr. Garrow to Rickbus. You was taken before the Alderman at Guildhall? - Yes.

You have been in the Compter ever since? - No.

Was you there on the second day as well as the first? - Yes.

Look at Mr. Davis, and tell us whether you saw him before the Alderman; did not you say you had never seen him before in the whole course of your life? - I did not say so; I am almost sure of Davis, but not quite positive.

M'Daniel set up as a witness.

Mr. Silvester. I tender him as a witness; they produce the conviction, I produce a pardon.

Clerk of the Arraigns to M'Daniel. Go round to the bar.

You stand convicted of felony, what have you to say, why the Court should not give you judgment to die according to law.

M'Daniel kneels. I plead his Majesty's pardon.

The pardon read, and the record of the conviction examined by Mr. Garrow.

in answer to an objection, has produced a pardon; I submit, that pardon by no means removes the disability under which that man stands from the conviction, nor affects it at all; it seems to me, that the effects of this pardon cannot operate; my friends have used it as a plea, in suspension of the execution of that judgment, which the man would be liable to without it; it seems to me that that circumstance, coupled with the terms of this pardon, is the strongest that can be, to shew that the man is not to be subject to the pains and penalties, under which he now labours; yet it is only taking from him any pains and penalties which were to be the consequence of that conviction; but the King's pardon to him, under that situation, certainly cannot operate to prejudice third persons; the pardon of the King goes only to prevent an infliction of punishment to the party who is convicted; I am not aware of any case, if the gentlemen are furnished with any, they will state them; but I argue before your Lordship, that if any question can be decided on principles of policy, of reason, and of expediency, this is one of the clearest; tho' the laws of competency and incompetency are certainly direct and positive, yet, when not specifically laid down, as in the case before us, or when we do not find judicial principles, they must be tried by the principles of reason: the witness is a man who has been charged with taking a false oath; which, in this particular case, amounts to a felony; therefore, he is a man at this instant convicted of perjury; in that very transaction, which he now comes to give evidence about; in that very transact on having once sworn that, which he now comes positively, and upon his oath to contradict; he is a man convicted of an offence; to free himself from the consequences of which, he is now set up as a witness; and tho' it states, that from some favourable circumstances, that pardon is granted; I am sure that I shall not be contradicted, when I say, that the very condition of his being pardoned, was, to give evidence in this cause: if the rules of competency, or incompetency, have any power at all; there can be no case so strong, in which a man is affected by those rules, as that case which now appears before your Lordship; because the man who is called as a witness, is to prove a fact, not only directly contrary to that which he has sworn, but directly contrary to that for the swearing of which he has been convicted of perjury; therefore he comes here to comply with the conditions of that pardon, by giving evidence, contrary to his former oath. My Lord, I do not mean to make a speech to the Jury; but I remember in the case of Mr. Underwood, when he was brought to the bar here, and when we took this objection, that he was come to contradict his own oath; in that case, you, who did not try the cause, but sat in Court, at the trial of the Goodridge's, you gave this as your opinion, tho' he may be entitled to no credit, tho' he comes now directly and deliberately, to swear that to be false, which he before swore to be true; yet, inasmuch as the law has not said, that a man, if he is not convicted, may not be a competent witness, and as he cannot be convicted, he must be received, tho' he has no credit here. My Lord, I think you will not expect us to shew, that that pardon ought not to operate to remove the disability; here I shew the man stands in such a situation, he not only cannot be believed, but he cannot be received; and I think I ought to call on my friends, to shew why this pardon is to remove this disability; why the King has any right by any instrument of his, to affect the lives of third persons; why, tho' he has a right to say, I do not chuse to execute this man, (because he has the prerogative of mercy) he has also a right to say, I will remove a disability which is to operate against the lives of all my other subjects, tho' a jury of the country have put him in such a situation, that he cannot be believed, tho' he cannot be heard in a Court of Justice; yet I have a right to say he shall affect third persons, and I will restore

him to the degree of ability, that shall affect third persons; I am yet entitled to that prerogative in the Crown, which can put men in peril of their lives, by the testimony and evidence of a witness, who has been legally convicted of a crime that must destroy all belief; for the man being put in such a situation, that is a situation of incompetency in a witness, and we cannot dispute the verdict which has been passed against him, he is entitled to no credit; in short, it is a fact found by a Jury, and cannot be removed; now, how is this man to be set in a situation to affect the lives of third persons; tho' certainly the King has a right not to execute the judgment of this man; he has the right of not doing it because he, has the right to do it; it is from that, that the right of pardon arises; because, he in whom the execution of a law is vested, certainly has it in his power to execute it or not; but it is not because he is supposed the Judge, who are, or are not more peculiarly the objects of the law; if we come to the terms of the pardon itself, there is not a syllable in it of removing a disability; it frees him from all punishment which may be executed by the Sheriffs or the Judges, not from any impeachment that may be thrown upon his credit, nor from any impeachment of his veracity; I say it stands simply thus; I will not execute the law upon you, and that the sentence may not operate as perpetual imprisonment, I will give you an instrument, declaring, that I do not mean to execute the law; perhaps it may be said, this would operate against all forfeitures; and that, because, the King has a right to relinquish all his own right, it does affect the rights of third persons: My Lord, the rights of every man in this country can only be guarded by the rules of evidence; and therefore, by breaking down those rules of evidence by any exercise of the prerogative, the rights of third persons are not to be affected, which cannot be affected by any prerogative of the crown; I shall leave it to Mr. Garrow, who will aid my remark with many of his own, and at the same time, call upon my friends to shew how it stands; they produce an instrument, in which, not a syllable is started, that removes that disability; I think I may defy them to produce any case in which it has removed that disability; he produces a pardon, in that very transaction, in that very case, in that very point, in which he now comes to give evidence; I will venture to say, tho' I do not know any cases, but I almost challenge them to produce me a parallel instance, in which a man convicted of felony involving a perjury, is to set up a pardon to operate on the conviction of a third person; I think there never will be an instance, in which the Court will hold that a man so pardoned, can be set up as a witness; now coming to say that which he swore was false, and setting up against it a pardon, which only goes to remove any inconvenience which can happen to himself; but not to be put in a situation to affect the rights of third persons.

The remainder of this Trial in the next Part will be published in a few Days.